Padmanathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.15791 of 2021
1. Padmanathan
2. Senthil
3. Mohanraj
4. Selva Vinayagam ... Petitioners/Accused No.1 to 4 Vs State rep.by The Inspector of Police, Manachanallur Police Station, Trichy District.
Crime No.501 of 2021).
... Respondent/Complainant For Petitioners : M/s.Suresh M., Advocate For Respondent : M/s.M.Muthumanickam, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.501 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b) and 506 (ii) of IPC in Crime No.501 of 2021, seek anticipatory bail.
2.The case of the prosecution is that due to the land dispute, the petitioners abused the defacto complainant with filthy language and also threatened him with dire consequences. Hence, the present case came to be registered.
3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police, on instructions, would submit that no previous case is pending against the petitioners and also the defacto complainant has no injury at all and that the investigation is pending.
5.Taking into consideration the facts and circumstances of the case, the fact that the defacto complainant has no injury at all, there is no previous case pending against these petitioners and the fact that except Section 506(ii) of IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before respondent police daily at 10.30 am., for a period of thirty (30) days and thereafter, as and when required for interrogation;
(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
Sd/- 12/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
SM/GBG 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.III, TRICHY.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3. THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15791 of 2021 Date :12/10/2021 SP/PN/SAR II/20/10/2021/3P/5C