G.Manthiramuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN G.Manthiramuthu ... Petitioner/Sole Accused Vs The State Rep.by its., The Inspector of Police, Vilathikulam Police Station, Tuticorin District in Crime No.248/2020 ... Respondent/Complainant For Petitioner : M/s.J.Jeyakumaran, Advocate.
For Respondent : Mr.K.R.Bharathikannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.248 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner who is sole accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 448, 294(b), 352, 506(i)IPC and Section 4 of TNPHW Act in Crime No.248 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the due to previous motive, the petitioner abused the defacto complainant in filthy language. Hence, the complaint.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent.
4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks anticipatory bail. 1/3
5.The learned Government Advocate (criminal side), on instructions, submitted that the there are eight previus cases pending against the petitioner.
6.It is seen that the petitioner involved in 8 cases so far, which are already acquitted and referred. Only one case is pending for trial. It is seen from the affidavit filed by the petitioner and also from the CD with regard to the conversation between the Police Contable and the petitioner that the present case is nothing but a false case foisted against the petitioner to wreck vengences. 7.Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vilathikulam, and on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties(one surety should by a blood relative) each for a like sum to the satisfaction of the learned Magistrate concerned 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 learned Judicial Magistrate, Vilathikulam daily at 10.30 a.m., without fail for a period of four 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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 06/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, VILATHIKULAM, TURICORIN DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.
3.THE INSPECTOR OF POLICE VILATHIKULAM POLICE STATION, TUTICORIN DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10362 of 2020 Date :06/10/2020 GNS PK/SMA/SAR-IV/09.10.2020 : 3P/5C 3/3