Jeeva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Jeeva, ... Petitioner/Accused 2 Vs The Inspector of Police, Varasanadu Police Station, Theni District.

Crime No. 92/2024.

... Respondent/Complainant For Petitioner : M/s Suyambulinga Bharathi.K, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 92 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 324, 427 and 506(ii) and 307 IPC in Crime.No.92 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that due to previous motive, the petitioner herein and other accused have attacked the defacto complainant with Aruval and 1/4

caused injuries and also abused him in filthy language. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and seeks anticipatory bail. 4.The learned Additional Public Prosecutor would submit that the injured has already been discharged from the hospital and the petitioner herein is having one previous case. He would further submit that investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the injured discharged from the hospital, 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, Andipatti 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 appear stay at Usilampatti and report before Inspector of Police, Town Police Station, Usilampatti daily at 10.30 am until further orders; (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/- 08/07/2024 / 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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TRP TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, VARASANADU POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:

THE INSPECTOR OF POLICE, TOWN POLICE STATION, USILAMPATTI.

ORDER IN CRL OP(MD) No.10085 of 2024 Date :08/07/2024 SA/VR/SAR. /24.07.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4