Senthil 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 CRL OP(MD). No.10489 of 2022 Senthil ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, Jagadapattinam Police Station, Pudukottai District.

(Crime No.45/2022).

... Respondent/Complainant For Petitioner : M/s.Prasanna R, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.45/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) IPC, in Cr.No.45 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that on 04.06.2022, the defacto complainant was standing in front of his father's tea shop, at that time, the petitioner and other accused came there and demanded money from him. When the same was refused by the de-facto complainant, A2 scolded him in filthy language and the petitioner attacked the de-facto complainant with drink bottle and also criminally intimidated him. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. He would further submit that the co-accused was

already arrested and released on bail and hence, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured was discharged from the hospital and that the petitioner is having 8 previous cases, out of which, two cases were already disposed of.

5.Considering the fact that there arose wordy quarrel between the parties and also the facts that the injured was discharged from the hospital, that the co-accused was already arrested and released on bail and that except the offence under Section 506(ii) IPC, other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aranthangi, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(c)the petitioner shall not tamper with 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 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 14/06/2022 / TRUE COPY / 20/06/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI

TO

1. The Judicial Magistrate, Aranthangi.

2. -Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Inspector of Police, Jagadapattinam Police Station, Pudukottai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.PRASANNA R Advocate SR.No.5493

ORDER

IN CRL OP(MD) No.10489 of 2022 Date :14/06/2022 SP/SVR/SAR II/20/06/2022/3P/6C