M.Siva @ Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN M.Siva @ Sivakumar ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Thillainagar Police Station, Trichy City.

Crime No.324 of 2021. ... Respondent/Complainant For Petitioner : Mr.B.Jameel Arasu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.324 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 294(b), 323, 506(ii) IPC in Crime No.324 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 21.06.2021, at about 11.00 am., the defacto complainant was talking to his friends in front of Eswari timber depot, the owner scolded him in filthy language and asked them to leave the place. Therefore, a wordy quarrel arose between the defacto complainant and the owner of Eswari timber depot. In consequence to this incident, at about 04.00 1/3

pm., on the same day, when the defacto complainant came near Railway gate, Madurai Road, the owner scolded and attacked him with aruval. As a result, he suffered injuries. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted the petitioner also preferred complaint against the defacto complainant and the same was registered in Cr.No.325 of 2021 under Sections 294(b), 324 and 506 (ii) IPC. Therefore, he seeks anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed. However, he submitted that the injured person had been discharged from the hospital. 5.

Considering the nature of incident and the fact that the injured person had been discharged from the hospital, 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 IV, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.

[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]. 2/3

[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 IV, TRICHY.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, THILLAINAGAR POLICE STATION, TRICHY CITY.

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

ORDER

IN CRL OP(MD) No.9250 of 2021 Date :13/07/2021 GNS TK/AKM/SAR.2/15.07.2021/3P/5C 3/3