P. Ayyanar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.23008 of 2018 P. AYYANAR ... PETITIONER / ACCUSED No.1 Vs STATE BY ITS THE INSPECTOR OF POLICE, MAMSAPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

(IN CRIME NO. 161 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.JEGADEESH PANDIAN Advocate For Respondent : MR.A.ROBINSON, Government Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353, 324 and 506(i) IPC in Cr.No.161 of 2014 seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and his men abused the defacto complainant in filthy language and assaulted and caused injuries to the defacto complainant with regard to disbursement of certain bills for the works done by the petitioner and his men.

3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged offence. He further submitted that the petitioner was originally arrayed as an accused in this case. Thereafter, during enquiry his name was deleted from the FIR. By way of subsequent proceedings, the name of the petitioner again got included in the FIR.

4.Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.

5.Taking into consideration the facts of the case and the submissions by learned counsel, this Court is inclined to grant anticipatory bail to the petitioner.

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, Srivilliputhur, Virudhunagar 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 said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police as and when required for the purpose of 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 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE INSPECTOR OF POLICE, MAMSAPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to MR.M.JEGADEESH PANDIAN Advocate SR.No.24168

ORDER

IN CRL OP(MD) No.23008 of 2018 Date :27/12/2018 AE/PN-AC/SAR3/31.12.2018/3P/6C