K.Lenin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN K.Lenin ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Jampunathapuram Police Station, Trichy District.

(Crime No.549 of 2020) ... Respondent/Complainant For Petitioner : Mr.B.Jameel Arasu, Advocate. For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.549 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A-1 apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 307 & 506(ii) of I.P.C., in Crime No.549 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the parties, the petitioner along with other accused persons said to have assaulted the defacto complainant and abused him using unparliamentary words and also assaulted with dire consequences. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that this is a case in counter and the petitioner has been falsely implicated in this case. He further submitted that civil suit is also pending between the parties. Hence, he seeks anticipatory bail. 1/3

5.The learned Government Advocate (criminal side), on instructions, submitted that this is a case in counter. He further submitted that the injured person was treated as outpatient. 6.Considering the fact and circumstances of the case and considering the fact that this is a case in counter and the injured person was treated as outpatient, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thuraiyur, Trichy District, and on his executing 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 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., 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 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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/10/2020 / 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. 2/3

TO

1. THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, JAMPUNATHAPURAM POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.11941 of 2020 Date :29/10/2020 MS/PN/SAR-2/04.11.2020/3P.5C 3/3