Rama Alaguvel @ Rama Alagu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.8954 of 2023 Rama Alaguvel @ Rama Alagu : Petitioner/Sole Accused Vs.

State rep., by The Inspector of Police, Kannivadi Police Station, Dindigul District.

In Crime No.50 of 2023.

: Respondent/Complainant For Petitioner : Mr.S.Nantha Kumar, Advocate For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.side) For Intervenor : Mr.K.C.Maniyarasu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.50 of 2023 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 alleged offences punishable under Sections 294(b), 324 and 506(ii) IPC, in Crime No.50 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a civil dispute between the petitioner and the defacto complainant, due to which, the petitioner along with other accused abused the defacto complainant and also attacked him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution.

4. The learned counsel for the intervenor has raised objections to allow this petition.

5. The learned Government Advocate (Crl.side) appearing for the State would submit that this is the second anticipatory bail petition and that he got anticipatory bail earlier, but he has not complied with the earlier order.

6. Considering the facts and circumstances of the case and also the fact that the petitioner is ready to abide the conditions, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aathur, Dindigul District, 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 shall deposit a sum of Rs.20,000/- to the credit in Crime No.50 of 2023 on the file of the respondent police and on receipt of the same, the learned Magistrate shall accept the sureties furnished by the petitioner.

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(c)the petitioner shall report before the respondent Police on every Wednesday at 10.30 am fir a period of eight weeks and thereafter, as and when required for interrogation. (d)the petitioner shall not tamper with the 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 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;

(g)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1 THE JUDICIAL MAGISTRATE, AATHUR, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE KANNIVADI POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.8954 of 2023 Date :18/05/2023 SS/BUC/SAR /23/05/2023/3P/5C