G.Dharmaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.07.2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN G.Dharmaraj ... Petitioner/Sole Accused Vs State through, The Inspector of Police, Thiruverambur Police Station, Trichy District.

In Crime No.886 of 2021 ... Respondent For Petitioner : Mr.R.Alagumani For Respondent : Mr.M.Muthumanikkam, Government Advocate(Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime no.886 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 279, 337, 294(b) and 506(1) of IPC in Crime No.886 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 30.06.2021, the defacto complainant was going in his two wheeler bearing Registration No.TN 81 X 2333 on Kallanai - Trichy Road. At about 10.30 am, when he was going near Mullakudi graveyard, a Swift Dzire car bearing Registration No.TN 48 V 6787 came from opposite direction in a rash and negligent manner and hit against the two wheeler. As a result of which, the defacto complainant suffered injuries. When the defacto complainant asked the driver of the car why he drove in a rash and negligent manner, the driver of the car scolded the defacto complainant in filthy language and also threatened to kill him by running over him with his car. Hence, the complaint.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is falsely implicated in this case. Therefore, he seeks anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police opposed this petition on the ground that investigation is pending. He further submitted that the injured had been discharged from the Hospital.

5. It is a case of road accident followed by alleged use of filthy language and criminal intimidation by the petitioner/accused against the defacto complainant. Except 506(1) IPC, all the offences are bailable in nature. Taking the above factors into consideration, this Court is of the view that custodial interrogation of the petitioner is not necessary and hence, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Trichy on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a]the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATION, TRICHY DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.R.ALAGUMANI, Advocate SR.No.21777 [F]

ORDER

IN CRL OP(MD) No.8940 of 2021 Date :08/07/2021 mbi AE/MNR/SAR-IV/13.07.2021/3P/6C 3/3