Varatharaj @ Varatharajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Varatharaj @ Varatharajan ... Petitioner/Accused No.3 Vs The State rep. by The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.
(Crime No.161 of 2020). ... Respondent/Complainant For Petitioner : Mr.M.Prabu, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.161 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A3 apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(i) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.161 of 2020, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner/ A2, A1 and the defacto complainant are neighbours and on 20.10.2020, there was a wordy quarrel arose between them in regard to construction of toilet and the petitioner and other accused attacked the defacto complainant and threatened her with dire consequences. 3.Heard the learned counsel appearing for the petitioner. 1/3
4.The learned Government Advocate (criminal side) submitted that the petitioner and the defacto complainant are neighbours and the investigation is pending.
5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 No.II, Kovilpatti, Thoothukudi 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 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 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 05/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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.II, KOVILPATTI, THOOTHUKUDI DISTRICT.
2. -DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE INSPECTOR OF POLICE, PASUVANTHANAI POLICE STATION, THOOTHUKUDI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12491 of 2020 Date :05/11/2020 LS SRS/AKM/SAR-II/11.11.2020/3P/5C 3/3