Senthil @ Senthilvel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM Senthil @ Senthilvel ... Petitioner/Accused No.1 Vs State, represented by, The Inspector of Police, Austinpatti Police Station, Madurai District.
(Crime No.1803/2020). ... Respondent/Complainant For Petitioner : M/s.M.Venkatesan, Advocate.
For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1803 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 342, 294(b) and 323 of I.P.C., in Crime No.1803 of 2020 on the file of the respondent police, seeks anticipatory bail. 3.The case of the prosecution is that the petitioner and his brother blocked the de-facto complainant and also attacked her and hence, a case has been registered against the petitioner. 4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he seek anticipatory bail. 1/3
5.The learned Government Advocate(Crl.side) appearing for the respondent police made a submission that the petitioner is none other than the husband of the de-facto complainant. 6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is the husband of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner.
7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thirumangalam, 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 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 impsed 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 petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/11/2020 / 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.I, THIRUMANGALAM 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3.THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MS/.M.VENKATESAN Advocate SR.No.7503
ORDER
IN CRL OP(MD) No.12649 of 2020 Date :10/11/2020 NS PK/JC/SAR-III/19.11.2020 : 3P/6C 3/3