M.Logeshwaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI M.Logeshwaran ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.
(Crime No.984 of 2021).
... Respondent/Complainant For Petitioner : Mr.P.Manikandan, 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.984/2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/sole accused apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 341 and 506(ii) I.P.C. in Crime No.984 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has objected for laying road in his area and demanded bribe for the same. Hence, the complaint.
3.The learned counsel for the petitioner submits that the petitioner is one of the ward members of Balakrishnapuram Panchayat, Dindigul District. He has objected for laying road encroaching water body. In this regard, he made a representation to the District Collector on 02.08.2021 and also filed a petition in W.P(MD). No.11004 of 2021. Therefore, the present complaint has been foisted. He further submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case.
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4.The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, would submit that the petitioner is having two other cases of similar in nature.
5.Considering the facts and circumstances of the case, the fact that the petitioner has raised objection as against the Village panchayat president for laying road by encroaching water body and also the fact that the petitioner is an elected ward member of the Balakrishnapuram Panchayat, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, this Criminal Original Petition is allowed and 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 Court No.I, Dindigul, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police as and when required for interrogation.
(c)the petitioner shall not tamper with the 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/- 09/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. 2/3
TO
1. THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3. THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10917 of 2021 Date :09/08/2021 MSA MS/JM/SAR-2/27.08.2021/3P.5C 3/3