Siva v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Siva ... Petitioner /Sole Accused Vs State Rep. through The Inspector of Police, Vaiyampatti Police Station, Trichy District.
(Crime No.141 of 2024) ... Respondent/Complainant For Petitioner : Mr.M.Prabhu, Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.141 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), 324 & 506(ii) of IPC in Crime No.141 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/5
2.The case of the prosecution is that on 16.05.2024, at about 04.00 pm, the defacto complainant gave a complaint before the respondent police stating that when the defacto complainant was sitting on the driver seat in his own vehicle ASHOK LEYLAND DOST, the accused asked the defacto complainant for getting out of the four wheeler stucked in the mud. At that time, the defacto complainant refused to heed the request of the accused due to raining. Due to that motive, the accused attacked the defacto complainant and threatened him 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 no one is injured in this case. 5.Taking into consideration the facts and circumstances of the case and also the fact that no one is injured in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/5
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, Manapparai, Trichy District 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 two weeks 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. 3/5
[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.
sd/- 22/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
RMI TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI, TRICHY DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
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3 THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, TRICHY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7460 of 2024 Date :22/05/2024 SS/VR/SAR- /27/05/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5