Abhijith v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/12/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Abhijith ... Petitioner/Accused No.7 Vs The State represented by The Inspector of Police, Pazhugal Police Station, Kanyakumari District.

(Cr.No. 91/2021). ... Respondent/Complainant For Petitioner : Mr.D.Srinivasaragavan, Advocate.

For Respondent : Mr.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 91 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 341, 323, 324 and 506(ii) I.P.C, in Cr.No.91 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 14.06.2021 at about 01.00PM, the petitioner in his mobile phone had taken photographs of the women, who were standing in the queue before Kallupalam Fair Price shop for purchasing ration. When the defacto complainant questioned the same, the petitioner had abused him with filthy language and called the other accused persons over phone and he took photographs by sitting from his two wheeler. At that time the accused persons came to the spot with deadly weapons and assaulted the defacto complainant. Hence, the present complaint. 1/3

3. The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. He would further submit that this is the third bail petition. Hence, he seeks anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is not yet completed and that the co-accused were already released on bail. 5.No doubt, the petitioner's earlier applications were dismissed by this Court twice in Crl.OP(MD)Nos.8850 of 2021 and 13940 of 2021. Considering the nature of charges alleged against the petitioner and also the facts that the co-accused were arrested and released on bail by the jurisdictional Magistrate, that except the offence under Section 506(ii) IPC, all other offences are bailable in nature and that the petitioner is not having any previous case for similar or serious offence, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions.

6. 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 No.I, Kuzhithurai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) 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 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 am for a period of one month 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/12/2021 / TRUE COPY / / /2021 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, KUZHITHURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

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

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. SRINIVASARAGAVAN.D. Advocate SR.No.8829

ORDER

IN CRL OP(MD) No.18907 of 2021 Date :03/12/2021 PNM SS/PN/SAR-IV/16.12.2021 : 3P/6C 3/3