Manoj Prabakar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2023 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Manoj Prabakar, ... Petitioner/Sole Accused Vs State Rep.by The Sub Inspector of Police, Soolaikarai Police Station, Virudhunagar District.

(Crime No.95 of 2023).

... Respondent/Complainant For Petitioner : M/s.Jothi Basu M, 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.95 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 294(b), 323, 506(i)IPC, in Cr.No.95 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that due to property dispute between the parties, the petitioner abused the de-facto complainant in filthy language and attacked him with hands and also caused injury to him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl. side) would submit that with regard to property dispute, civil suit is pending before the Additional District Court, Virudhunagar in O.S.No.3 of 2018. He would further submit that the defacto complainant sustained simple injury.

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5.Considering the facts that there existed property dispute between the parties, that the injured sustained only simple injury and that except the offence under Section 506(i) IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Virudhunagar. on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the concerned Court daily at 10.30 am for a period of one month 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS TO 1 THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE SOOLAIKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.M.LAW OFFICE, Advocate (SR-8593[I] dated 13/06/2023 )

ORDER

IN CRL OP(MD) No.10401 of 2023 Date :13/06/2023 PKP/CG/SAR- /23.06.2023/ 3P/6C 3/3