Dhavinson v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.12255 of 2020 Dhavinson ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thirunagar Police Station, Madurai City, Madurai.
(Crime No.900/2020) ... Respondent/Complainant For Petitioner : M/s.T.Veerakumar, Advocate.
For Respondent : Mrs.M.Anandha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Cr No.900 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 offence punishable under section 506 (i)of IPC, in Crime No. 900 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to money dispute, the petitioner said to have abused the defacto complainant and his family members by using filthy language and threatened them with dire consequences. Hence, the complaint.
3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.
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 petitioner 1/3
sold two cars to the defacto complainant and the defacto complainant refused to pay the amount for the same. When the petitioner demanded the amount for selling car, the defacto complainant lodged a false complaint against the petitioner. Hence, he seeks anticipatory bail to the petitioner.
5.The learned Government Advocate (Crl. Side), on instructions, submitted that due to money dispute, the petitioner said to have abused the defacto complainant and his family members by using filthy language and threatened them with dire consequences. Due to which, no one has caused injury.
6.Considering the facts and circumstances of the case and considering the fact that there is no injury was caused to the defacto complainant and his family members, 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 Court No.VI, Madurai 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (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 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/- 03/11/2020 / 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 NO.VI, MADURAI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI CITY, MADURAI.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :03/11/2020 MS/PN/SAR-2/05.11.2020/3P.5C 3/3