Jothimani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Jothimani 2.Natchiyar ... Petitioners/Accused Nos. 4 & 5 Vs.

The State represented by The Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.188 of 2022) ... Respondent/ Complainant For Petitioners : Mr.M.Viji, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.188 of 2022 on the file of the Respondent police.

ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 406, 420 and 506(1) IPC, in Crime No.188 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners have borrowed a sum of Rs.4,00,000/- from the defacto complainant, that when the defacto complainant called the petitioners to repay the said amount, a wordy quarrel arose between them and due to that, the petitioners abused the defacto complainant in filthy language and also threatened him. Hence, the complaint.

1/3

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor appearing for the State would submit that the first accused was already granted anticipatory bail by this Court in Crl.OP.(MD)No.10388 of 2022, dated 13.06.2022.

5.Admittedly, the first petitioner is the father-in-law and the second petitioner is the mother-in-law of the first accused. 6.Considering the fact that there existed money transaction dispute between the parties and considering the facts that no one was injured in this case, that the petitioners are not having any previous case for similar or serious offence and that the coaccused/A1 was already granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Andipatti, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the first petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty (30) days and thereafter, as and when required for interrogation. (c)the second petitioner shall report before the respondent police as and when required for interrogation. (d)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action 2/3

against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;

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

sd/- 14/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE ANDIPATTI POLICE STATION, THENI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.VIJI, Advocate ( SR-5488[I] dated 14/06/2022 )

ORDER

IN CRL OP(MD) No.10488 of 2022 Date :14/06/2022 PKP/JM/SAR-1/16.06.2022/3P/6C 3/3