Alberty Jabaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Albert Jabaraj ... Petitioner/Accused Vs The State rep. by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

Crime No. 672 of 2020. ... Respondent/Complainant For Petitioner : Mr.U.S.Kuralarasan, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.672 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A7, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 307 and 506(ii) of IPC, in Crime No.672 of 2020 on the file of the respondent Police, seeks anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that due to dispute between the petitioner and the defacto complainant, there was a wordy quarrel between them, in which, the petitioner said to have abused the defacto complainant by using filthy language and also assaulted him with deadly weapons. Hence, the present complaint. 1/3

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. He further submitted that the injured person has already been discharged from the hospital. Hence, he prayed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate(Criminal Side) submitted that the injured person has already been discharged from the hospital.

6.Considering the facts and circumstances of the case and considering the fact that the occurrence said to have taken place in a wordy quarrel and also the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 No.I, Thoothukudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two blood 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 daily at 10.30 a.m for a period of four weeks and thereafter, 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 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;

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(f)if the petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/11/2020 / 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.

TO

1. THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.

2. -DO- THORUGH: THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13346 of 2020 Date :24/11/2020 VSG SRS/AKM/SAR-IV/30.11.2020/3P/5C 3/3