Aravind v. The Inpsector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/05/2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY Aravind, ... Petitioner/Accused(Sole) Vs The Inspector of Police, Town West Police Station, Thanjavur.
Crime No.251 of 2024.
... Respondent/Complainant For Petitioner : MR.Dhilipan Pandian R L, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.251 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 1/5
the offences punishable under Sections 294(b), 452, 427 and 506(2) IPC in Crime No.251 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 13.03.2024, there was a quarrel arose between the petitioner and the defacto complainant during the funeral procession of a dead body, due to which, the petitioner herein caused damages to the household articles of the defacto complainant. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person 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 sustained injury and he would further submit that two previous cases are pending against this petitioner. 5.Taking into consideration the facts and circumstances of the case and also the fact that no one sustained injury, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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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 No.I, Thanjavur, 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 30 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. 3/5
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 23/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.I THANJAVUR.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
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3 THE INPSECTOR OF POLICE TOWN WEST POLICE STATION, THANJAVUR.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-5745[I] dated 23/05/2024 )
ORDER
IN CRL OP(MD) No.7682 of 2024 Date :23/05/2024 SS/JGB/SAR- /28/05/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5