Natesh @ Pathirakali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Natesh @ Pathirakali, ... Petitioner/Accused No.2 Vs State Rep by The Inspector of Police, Pappakudi Police Station, Pappakudi, Tirunelvlei District.

Cr.No.74/2022.

... Respondent/Complainant For Petitioner : M/s.Pragalathan N, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.74/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 307 and 506(ii) IPC, in Cr.No.74 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, on 08.05.2022 at about 08.00 p.m., the petitioner along with one Ganesan attacked the victim with aruval and also threatened him with dire consequences. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused persons attacked the victim and caused injuries. He would further submit that the injured was discharged from the hospital and that the petitioner is having a previous case for the offence under Section 307 IPC of the year 2019.

5.Considering the facts that there existed wordy quarrel between the parties and the nature of the charges levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Alangulam, Tenkasi District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(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]; and; 2/3

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 09/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Judicial Magistrate Court, Alangulam, Tenkasi District.

2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.

3. The Inspector of Police, Pappakudi Police Station, Pappakudi, Tirunelvlei District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-5319[I] dated 09/06/2022 )

ORDER

IN CRL OP(MD) No.10168 of 2022 Date : 09/06/2022 TR/SKN/SAR-(16.06.2022) 3P 6C 3/3