Muthukrishnan 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 Muthukrishnan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
(Crime No.204/2023).
... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar,Advocate.
For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.204/2023 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 294(b), 323 and 506(i) of IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.204 of 2023 on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioner alleged to have attacked the defacto complainant with stone in the drunken mood and also threatened him with dire consequences. Hence, the complaint.
3. Heard both side and perused the materials available on record including the First Information Report.
4. It is submitted by the learned Government Advocate (Crl. Side) that it is a case of case and counter and the counter case was registered in Crime No.205 of 2023 and the petitioner is having one previous case in the offence of Motor Vehicles Act and the injured was treated as out patient.
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5. Considering the facts and circumstances of the case and also considering the facts that the injured was treated as out-patient and that it is a case of case and counter, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:
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 on which the order copy made ready, before the learned Additional Mahila Court, Srivilliputur, 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 am., 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 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 229A IPC.
sd/- 10/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE ADDITIONAL MAHILA JUDGE, SRIVILLIPUTHUR. 2 THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8749 of 2023 Date :10/05/2023 RS/VR/SAR-3(12.05.2023) 3P 4C 3/3