Biruntha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Biruntha
2. Ravikumar ... Petitioners/Accused Nos.1 & 2 Vs The State Rep. By, The Inspector of Police, Orathanadu Police Station, Thanjavur District.
Cr.No.610/2022.
... Respondent/Complainant For Petitioner : M/s. Senthil.M.P, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 610/2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 420 and 506(i) IPC, in Crime No.610 of 2022, seek anticipatory bail.
2. The case of the prosecution that on demand of the petitioners, the de facto complainant has given a sum of Rs.1,25,000/- and 45 sovereigns of gold jewels to them and subsequently, failed to repay the same. When the same was questioned by the defacto complainant, the petitioners have attacked the defacto complainant and also abused her in filthy language. Hence the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case and he seeks anticipatory bail. 1/3
4.The learned Government Advocate(Crl.Side) would submit that it is case of case and counter and the injured was discharged from the hospital and there is one previous case pending against the petitioners. He would further submit that the investigation of the case is pending and he strongly opposed to grant anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Orathanadu, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each 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 conditions that: a)the petitioners are directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit Crime No.610 of 2022 on the file of the Judicial Magistrate Court, Orathanadu,, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;
b) the petitioners 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;
(c)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
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(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, ORATHANADU.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. SENTHIL.M.P Advocate SR.No.54223 (F).
ORDER
IN CRL OP(MD) No.13636 of 2022 Date :10/11/2022 TRP USK/SSS/SAR-I/21.11.2022/3P/6C 3/3