Jayaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM Jayaraj ... Petitioner/A1 Vs The State represented by The Inspector of Police, Vaiyampatti Police Station, Tiruchirappalli District.
Crime No.828 of 2020.
... Respondent/Complainant For Petitioner : Mr.T.M.Madasamy, Advocate.
For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For an Anticipatory Bail in Crime No.828 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who is arrayed as A1, apprehending arrest at the hands of the respondent police for the offence punishable under sections 294(b), 324 and 506(ii) IPC, in Crime No.828 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case on hand is in relation to family dispute with reference to the marriage proposal. The present case and the counter case is filed by both the parties. Both the complaints are under investigation.
3.Considering the facts and circumstances of the case as well as the nature of the involvement of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 1/3
4.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, Manapparai, 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 daily morning at 10.00 a.m., without fail, for a period of Two Weeks and thereafter as on when required for interrogation. (c) The petitioner is directed to maintain good contact and in any event of repetition, on such kind of offence, then the defacto complainant is at liberty to file a petition to cancel the anticipatory bail;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)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; (g)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 09/11/2020 / 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.
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TO 1.THE JUDICIAL MAGISTRATE, MANAPPARAI.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.
3.THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TIRUCHIRAPPALLI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12586 of 2020 Date :09/11/2020 ias/vsd AE/JC/SAR-II (11.11.2020) 3P 5C 3/3