Vivekanandha 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 Vivekanandha, ... Petitioner/Sole Accused Vs The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District (Crime No.295 of 2024).

... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan,Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.295 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 448, 294(b), 323 and 506 (ii) of IPC, in Crime No.295 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to property dispute between the parties, on 18.04.2024, the petitioner trespassed into the house of the defacto complainant, attacked him and threatened him with dire consequences. 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 and further, a counter case in Crime No.294 of 2024 is pending against the defacto complainant.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that it is a counter case and no previous case is pending against the petitioner and no one has been injured in this case. 5.Taking into consideration the facts and circumstances of the case and also the facts that no one has been injured in this case and the petitioner is not having any bad antecedents, 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 2/5

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, Thiruvidaimaruthur, on condition that the petitioner shall execute a bond for a sum of 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 respondent police daily at 10.30 a.m., for a period of 15 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]. 3/5

[f]If the accused 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.

SJI TO THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

THE INSPECTOR OF POLICE THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-5446[I] dated 16/05/2024 )

ORDER

IN CRL OP(MD) No.7266 of 2024 Date :15/05/2024 PKP/GS/SAR /20.05.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5