P.Vicky @ Vignesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/05/2023 PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI P.Vicky @ Vignesh, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Theni Police Station Theni District.

Crime No.182 of 2023.

... Respondent/Complainant For Petitioner : M/s.Dinesh.K., Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.182 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 147, 341, 294(b), 323, 324 and 506(2) of IPC in Crime No.182 of 2023 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that on 13.04.2023, when the defacto complainant's son, namely, Saravanan, on the way to his home through Bagavathi Amman Street, the accused persons had restricted the pathway as they were doing procession to a temple festival. While so, there were some wordy quarrel arose between them, due to which, the accused had attacked the defacto complainant's son and caused severe injuries and also threatened him with dire consequences. Hence, the complaint.

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3.Heard both side and perused the materials available on record including the First Information Report.

4.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, 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, Theni, 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 pay a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) by way of demand draft drawn in favour of the defacto complainant directly and on production of proof/acknowledgement the learned Magistrate shall accept the sureties furnished by the petitioner.

[c]the petitioner shall report before the respondent police daily at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner 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 against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. 2/3

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CP TO 1 THE JUDICIAL MAGISTRATE, THENI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE THENI POLICE STATION THENI DISTRICT.

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

+1. CC to M/S.DINESH.K. Advocate SR.No.25222(F)

ORDER

IN CRL OP(MD) No.8680 of 2023 Date :10/05/2023 PKP/MMS/SAR-2/17.05.2023/ 3P/6C 3/3