Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Raja ... Petitioner/Sole Accused Vs The Inspector of Police, Singampunari Police Station, Sivagangai District.
In Crime No.209 of 2024 ... Respondent/Complainant For Petitioner : M/s. Aravinthan. G, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.C.M.Arumugam, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.209 of 2024 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the 1/5
respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.209 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant and the petitioner are the father and son. Due to civil dispute, on 12.06.2024, at about 07.00 a.m, the petitioner dragged the hand bag of the defacto complainant and pulled him down and made a life threat with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. However, he would further submit that the petitioner shall abide any condition imposed by this Court. Hence, he prays for anticipatory bail.
4.The learned counsel for the defacto complainant would submit that the entire episode has been recorded in CCTV Camera. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner.
5.The learned Additional Public Prosecutor would submit that the investigation in this case is not yet completed and the petitioner is having 5 previous cases. Hence, he strongly, opposed to grant anticipatory bail to the petitioner. 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, Singampunari, on condition 2/5
that the petitioner shall execute 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 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 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; 3/5
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 05/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE, SINGAMPUNARI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, SINGAMPUNARI POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER IN CRL OP(MD) No.12159 of 2024 Date :05/08/2024 SA/VR/SAR. /19.08.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5