Eugine Arul Seelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Eugine Arul Seelan ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, Boothapandy Police Station, Kanyakumari District.

Crime No.378/2020. ... Respondent/Complainant For Petitioner : M/s.C.Anand, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No. 378 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner is a sole accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 307 of I.P.C., in Crime No.378 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the informant is working as a temporary staff at Ganapathipuram Town Panchayat. On 17.10.2020, the petitioner came to the house of the informant with drunken mood and abused him using filthy language and attempted to stab the informant with knife and the same was blocked by the informant's son and her father and they also sustained injuries and the petitioner also made life threat to the informant and others. Hence, the complaint.

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3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that no such occurrence took place as alleged in the FIR. Hence, he seeks anticipatory bail.

5.The learned Government Advocate (criminal side), on instructions, submitted that the injured was already discharged from the hospital.

6.Considering the fact and circumstances of the case and considering the fact that the injured was already discharged from the hospital and the occurrence said to have taken place in a wordy quarrel, 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, Boothapandy, Kanyakumari, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum 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., without fail for a period of Two 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; 2/3

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

sd/- 02/12/2020 / 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, BOOTHAPANDI, KANYAKUMARI DISTRICT.

2. -DO- THORUGH: THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.S.SANKAR, Advocate ( SR-7851[I] dated 03/12/2020 )

ORDER

IN CRL OP(MD) No.13726 of 2020 Date :02/12/2020 KSA SRS/JC/SAR-III/07.12.2020/3P/6C 3/3