Maheshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.05.2024 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Maheshwaran ... Petitioner/2nd Accused Vs The State rep .by its Inspector of Police, Elanjambur Police Station, Ramanathapuram District.

(Crime No.47 /2024) ... Respondent/Complainant For Petitioner : Mr. M.S. Jeyakarthick Advocate.

For Respondent : Mr. P. Kottai Chamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.47/2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324, 506(ii) and 307 IPC in Crime No.47 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the sons of the defacto complainant did work of laying water piper line by using the defacto complainant's JCB. The dispute arose between the contractor and Accused No.1, since Accused No.1 demanded money. Due to above motive, on 16.04.2024 at about 21.00 hours, the accused persons abused the defacto complainant by using filthy language and also attacked him by using deadly weapons. Hence, the case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner will never abscond and will not tamper the witnesses and also ready to abide by any condition imposed by this Court and hence, he seeks to grant bail to the petitioner.

4. The learned Government Advocate (Crl side) would submit that the injured discharged from the hospital and the co-accused were already arrested and released 2/5

on bail.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured discharged from the hospital, 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 on which the order copy made ready, before the learned Judicial Magistrate, Mudukulathur 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 the respondent police daily at 10.30 a.m and 5.00 pm until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

sd/- 15/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023. .

TRP TO THE JUDICIAL MAGISTRATE, MUDUKULATHUR.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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THE INSPECTOR OF POLICE ELANJAMBUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-5430[I] dated 15/05/2024 )

ORDER

IN CRL OP(MD) No.7171 of 2024 Date :15/05/2024 PKP/VR/SAR /22.05.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5