Meenakshi Sundaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.04.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN P.Meenakshi Sundaram ... Petitioner/Accused Rank Not Known Vs State Rep by The Inspector of Police, K.Pudur Police Station, K.Pudur, Madurai District.

(Crime No.286 of 2021) ... Respondent/Complainant For Petitioner : Mr.V.Santhakumaresan, 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.286 of 2021 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), 323, 427, 506(i) and 379 IPC in Crime No.286 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there was property dispute between the defacto complainant's family and the accused persons' family and two suits are also pending for the same. Due to the same, on 15.04.2021, when the defacto complainant entered into Advocate chamber No.92 situated in Madurai High Court premises, the accused persons entered into the chamber and quarrelled with him, threatened the defacto complainant and abused him in filthy language. They have also snatched his golden chain weighing 16 gram. Hence, the case.

3.Heard both sides and perused the materials available in the record.

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4.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

5.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 on which the order copy made ready, before the learned Judicial Magistrate No.VI, Madurai 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, K.PUDUR, MADURAI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8185 of 2023 Date :28/04/2023 RS/VR/SAR-2(17.05.2023) 3P 5C 3/3