Rex Engine Arockiaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/05/2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Rex Eugine Arockiaraj ... Petitioner/Accused No.2 Vs The Inspector of Police, Manapparai Police Station, Trichy District.
(Crime No.205/2024) ... Respondent/Complainant For Petitioner :
Mr.M.Prabhu, 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.205 of 2024 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 offences punishable under Sections 294(b), 323, 324 and 506(i) of IPC in Crime No.205 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 09.05.2024 at about 7.58 p.m., when the defacto complainant was driving his two wheeler near Shobha Readymades Showroom in Manapparai-Kovilpatti Road, due to heavy traffic, a lorry stands in 1/5
front of the defacto complainant's vehicle, moved behind towards the defacto complainant's vehicle and therefore, the defacto complainant asked the petitioner and one Disilvaraj, who are on their two wheeler on the side of the defacto complainant's vehicle, to move back to avoid collision with the said lorry. However, the said Disilvaraj removed his silver ring from his wrist and attacked the defacto complainant and both the petitioner and the said Disilvaraj threatened the defacto complainant with filthy language. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner has no previous cases. 5.Taking into consideration the facts and circumstances of the case and also the fact that the petitioner has no previous cases, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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.6, Trichy District on condition that the petitioner shall execute a bond for a sum of 2/5
Rs.10,000/-(Rupees Ten 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 the learned Judicial Magistrate No.6, Trichy, daily at 10.30 a.m, for a period of 30 days 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 is 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 absconds, a fresh FIR can be registered under Section 229-A IPC.
7.It is made clear that if the 1st accused has filed any bail petition, the same 3/5
shall be considered by the trial Court independently without getting influenced by this order.
sd/- 24/05/2024 (*)Corrected as per order of this Hon'ble Court in CRL OP(MD).7132/2024 dated 04/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
YUVA TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 03/06/2024 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT.
2 THE JUDICIAL MAGISTRATE NO.6, TRICHY DISTRICT.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
4 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER IN CRL OP(MD) No.7132 of 2024 Date :24/05/2024 SS/VR/SAR- /29/05/2024/5P/6C RS/VR/SAR- /11/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5