Gnana Ravichandran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.09.2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Gnana Ravichandran ... Petitioner/Accused No.1 Vs State Rep by The Inspector of Police, Panagudi Police Station, Tirunelveli District.
(Crime No.411 of 2021) ... Respondent/Complainant For Petitioner : Mr.S.R.Anbarasu Advocate.
For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.411 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A1 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 447, 294(b), 427 and 506(2) IPC in Crime No.411 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the petitioner and the de-facto complainant, on 28.08.2021 at about 11.00 p.m., the petitioner along with other accused trespassed into the property of the de-facto complainant, abused him in filthy language and also damaged the fence. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution, but he has been falsely implicated in this case.
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4.The learned Government Advocate (Crl.Side) appearing for the respondent submits that it is a counter case and the petitioner is having four previous cases. He further submits that the investigation is yet to be completed and hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, the nature of allegation made against the petitioner and also the fact that it is a counter case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
Accordingly, this Criminal Original Petition is allowed and 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 Court, Vallioor, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
(c)the petitioner shall not tamper with the 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/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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 Court, Vallioor.
2. Do Through The Chief Judicial Magistrate, Tirunelveli.
3.The Inspector of Police, Panagudi Police Station, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN CRL OP(MD) No.13837 of 2021 Date : 22.09.2021 TR/JC/SAR-II(06.10.2021) 3P 5C 3/3