Paramasivam v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/05/2023 PRESENT The Hon`ble Mr.Justice P.VADAMALAI CRL OP(MD). No.9469 of 2023 Paramasivam ... Petitioner/Accused(Rank not known) Vs The State represented by Inspector of Police, Karuppayurani Police Station, Madurai District.

Crime No.70 of 2023.

... Respondent/Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No. 70 of 2023, on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(i) of I.P.C. and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.70 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the defacto complainant had travelled in an Auto, the petitioner abused the defacto complainant by using filthy language and also assaulted her. Hence, the complaint.

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

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injuries are simple in nature and the petitioner is not having any previous case.

5. Taking into consideration the facts and circumstances of the case and also the facts that the injuries are simple in nature and that the petitioner is not having previous case, this Court is inclined to grant anticipatory bail to the petitionerwith 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Madurai, 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 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of 30 days and thereafter, 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 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 229-A IPC.

sd/- 24/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE KARUPPAYURANI POLICE STATION, MADURAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-7857[I] dated 25/05/2023 )

ORDER

IN CRL OP(MD) No.9469 of 2023 Date :24/05/2023 SS/CG/SAR II/29/05/2023/3P/6C