Lakshmanasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Lakshmanasamy ... Petitioner/Accused Vs State Rep by, The Inspector of Police, Edaiyakottai Police Station, Edaiyakottai, Oddanchathram Taluk, Dindigul District.

Crime No.539/2020. ... Respondent/Complainant For Petitioner : M/s.V.Muthu Samudeeswaran, Advocate.

For Respondent : Mr.KR.Bharathikannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.539/2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341 and 506(ii) of IPC seeks anticipatory bail. 2.Heard both sides.

3.The case of the prosecution is that due to some family dispute the petitioner herein abused the defacto complainant and also threatened with dire consequences using deadly weapons. 4.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would also submit that the defacto complainant sustained simple injuries.

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5.The learned Government Advocate(Crl.Side) would submit that the defacto complainant sustained simple injuries. 6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the defacto complainant sustained simple injuries, 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 fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ottanchathiram, Dindigul 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., 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/12/2020 / TRUE COPY / / /2020 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, ODDANCHATHRAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DIATRICT.

3.THE INSPECTOR OF POLICE, EDAIYAKOTTAI POLICE STATION, EDAIYAKOTTAI, ODDANCHATHRAM TALUK, DINDIGUL DISTSTRICT.

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

+1. CC to M/S.V.MUTHU SAMUDEESWARAN Advocate SR.No.8085

ORDER

IN CRL OP(MD) No.14520 of 2020 Date :11/12/2020 AAV PK/JC/SAR-II/16.12.2020 : 3P/6C 3/3