Santhanapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Santhanapandi, ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Senkottai Police Station, Tenkasi District.

(Crime No.101 of 2023).

... Respondent/Complainant For Petitioner : M/s.Jayaramachandran.A, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.101 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 506(ii) and 379 of I.P.C., in Crime No.101 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 28.04.2023 at about 09.00 p.m., when the de-facto complainant was returning in his load Auto bearing Registration No.TN-76-AU-3702, the petitioner came in the opposite direction in his car bearing Registration No.TN-76-AT666 with bright head light and as such, the de-facto complainant got imbalanced. Hence, the petitioner intercepted the de-facto complainant, abused him in filthy language and assaulted him with hands. In the above said scuffle, the de-facto complainant lost his gold chain weighing about 25grms. Hence, the case. 3.Heard. Perused the materials available on record including the First Information Report.

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4.Taking into consideration of the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

5.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 on which the order copy made ready, before the learned Judicial Magistrate, Senkottai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar 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 three weeks and thereafter, as and when required for 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 absconds, a fresh FIR can be registered under Section 229A IPC.

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

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SJI TO 1 THE JUDICIAL MAGISTRATE, SENKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, SENKOTTAI POLICE STATION, TENKASI DISTRICT.

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

+1. CC to M/S.JAYARAMACHANDRAN.A Advocate SR.No.8096

ORDER

IN CRL OP(MD) No.9756 of 2023 Date :06/06/2023 SA/VR/SAR. /09.06.2023/3P/6C 3/3