Madras High CourtCRL OP(MD)/9662/2023ordered

Rajesh @ Rajkumar v. The Inspector Of Police

2023-06-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Rajesh @ Rajkumar ... Petitioner/Accused 2 Vs The State rep.by The Inspector of Police, Theni Police Station, Theni.

(Crime No.404 of 2022). ... Respondent/Complainant For Petitioner : M/s.C.JEGANATHAN, Advocate For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.404 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 506(i), 379 of I.P.C, in Crime No.404 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that he is a practicing Advocate, on 30.11.2022 he went to a Document Writer's shop and at that time, the first accused came along with other accused to the said shop and assaulted one Murugan. When the same was intervened by the defacto complainant, he has also been assaulted by the accused persons and one Prabhu grabbed the bag of the defacto complainant, which contains cash of Rs.5,000/-. They also threatened him with dire consequences, when the same was questioned by him. Hence, the complaint.

3. The learned counsel for the petitioner submitted that a false complaint has been foisted against him. On the basis of complaint given by the petitioner, a case in Crime No.405 of 2022, has been registered against the defacto complainant. Now, the injured has been discharged from the hospital and the petitioner is 1/3

not having any previous case.

Hence, prays to release the petitioner on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that a case and case in counter were registered against the parties. In this case, though the injured has been discharged from the hospital, the investigation is not yet completed. Hence, prays to dismiss the petition.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that it is a case and case in counter pending against the parties and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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, Theni, on condition that the petitioner shall execute a bond for a sum of Rs.

[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 everyday at 06.00 p.m., for a period of two weeks, 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 released on bail by the learned Magistrate/Trial Court himself as laid down by the 2/3

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/- 05/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI.

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

ORDER

IN CRL OP(MD) No.9662 of 2023 Date :05/06/2023 SA/MMS/SAR. /09.06.2023/3P/5C 3/3