M.Easwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN M.Easwaran ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, Chinnamanur Police Station, Theni District.

(Fir in Cr No.2055 of 2020). ... Respondent/Complainant For Petitioner : M/s.P.M.Vishnuvarthanan, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Cr NO.2055 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) of IPC, in Cr No.2055 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity in respect of illegal relationship between the petitioner and the defacto complainant's sister, the petitioner said to have abused the defacto complainant by using filthy language and also attacked him with hands and caused injuries. Hence, the complaint. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the injured sustained only simple injury and he was discharged from the hospital. Hence, he seeks anticipatory bail to the petitioner. 5.The learned Government Advocate (Criminal Side), on instructions, submitted that the injured sustained only simple injury and he was discharged from the hospital. 6.Considering the facts and circumstances of the case and also considering the fact that the injured sustained only simple injury and he was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned The Judicial Magistrate, Uthamapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.

(a)the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

(b)the petitioner shall report before the respondent police daily at 10.30 a.m without fail for a period of two 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;

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(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/10/2020 / TRUE COPY / / /2020 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.

TO

1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2. -DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

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

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

+1.CC to M/S.P.M.VISHNUVARTHANAN, Advocate (SR.No.20438 dated 16/10/2020 )

ORDER

IN CRL OP(MD) No.11588 of 2020 Date :16/10/2020 DSS SRS/ JC/SAR-IV/ 22.10.2020/ 3P/6C 3/3