Vignesh @ Thakkali Vignesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Vignesh @ Thakkali Vignesh, ... Petitioner/Accused No.3 Vs State Rep by The Inspector of Police, C-5, Karimedu (L and O) Police Station, Madurai City.

Crime.No.403/2022.

... Respondent/Complainant For Petitioner : M/s.Karmegakannan J, 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 Crime No.403 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) IPC r/w 427 IPC, in Crime No.403 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that on 05.06.2022 at about 09.30 p.m., the accused persons came to the occurrence place and shouted and also damaged the de-facto complainant's auto-rickshaw, standing in front of his house. When the same was questioned by the de-facto complainant, the accused persons attacked the de-facto complainant with their hands and legs and abused him in filthy language 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 injured was discharged from the hospital and that the petitioner is having no previous case. 5.Considering the fact that there arose wordy quarrel between the parties and also the facts that the injured was already discharged from the hospital and that the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions. 6.Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the Madurai Bench of Madras High Court Advocates Welfare Fund [Indian Bank High Court Branch, Madurai, Current Account No.7087208431, IFSC IDIBI000H040] without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate No.V, Madurai.

7.On production of such receipt/acknowledgment, 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.V, Madurai, 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 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Judicial Magistrate No.V, Madurai.

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

3. The Inspector of Police, C-5, Karimedu (L and O) Police Station, Madurai City.

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

Copy to The Officer Incharge, Madurai Bench of Madras High Court Advocates Welfare Fund, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.10281 of 2022 Date : 10/06/2022 TR/SKN/SAR-I(16.06.2022) 3P 6C 3/3