Jinishprabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Jinishprabhu, ... Petitioner/Accused No.1 Vs The Inspector of Police, Eraniel Police Station, Kanyakumari District.

Crime No. 267/2023.

... Respondent/Complainant For Petitioner : Mr.Balakrishnan.A,Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.267 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent 1/4

police for the offences punishable under Sections 294(b), 323, 324, 341 and 506(ii) of IPC, in Cr.No.267 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that due to previous motive between the parties, the petitioner said to have abused the defacto complainant in filthy language and also assaulted him and caused injury. 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 investigation in Crime No.267 of 2023 has been completed and charge sheet has also been filed. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner 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, Eraniel, on condition that the petitioner shall execute a bond for a sum of Rs.

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 concerned trial Court for each and every hearing;

(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/- 05/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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RMK TO THE JUDICIAL MAGISTRATE ERANIEL.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT @ NAGERCOIL.

THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.BALAKRISHNAN, Advocate ( SR-7608[I] dated 08/07/2024 )

ORDER

IN CRL OP(MD) No.9969 of 2024 Date :05/07/2024 PKP/GS/SAR /18.07.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4