N. Kaviyarasan 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 N.Kaviyarasan ... Petitioner/Accused No.3 Vs The state represented by The Inspector of Police, Kariapatti Police Station, Viruthunagar District (Crime No. 175 of 2021). ... Respondent/Complainant For Petitioner : M/s.Anandakumar.N, Advocate.
For Respondent : Mr.Muthu Manickam, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 175 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294 (b), 324 and 506 (ii) of IPC in Crime No.175 of 2021 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 3.The case of the prosecution is that due to the dispute raised between the petitioner and the defacto complainant during the temple Festival, the petitioner/accused attacked the de-facto complainant with hands and sticks and threatened him with dire consequences. Hence, the complaint.
4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in the present case and hence, he seeks anticipatory bail.
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5.The learned Additional Public Prosecutor, on instructions, submitted that the injured has been treated as out patient. He further submitted that already one previous case is pending against the petitioner.
6.Considering the facts and circumstances of the case and also considering the fact that except the offence under Section 506(ii) of IPC, all other offences are bailable in nature and the fact that the injured has been treated as out patient, 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 No.II, Viruthunagar, and on his executing 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 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 cards or Bank pass Books to ensure their identity;
(b)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter, as and when required by the respondent police;
(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/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 12/10/2021 / TRUE COPY / / /2021 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 NO.II, VIRUDHUNAGAR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE KARIAPATTI POLICE STATION, VIRUTHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. ANANDAKUMAR.N. Advocate SR.No.7197
ORDER
IN CRL OP(MD) No.15943 of 2021 Date :12/10/2021 PJL SS/VR/SAR-III/21.10.2021 : 3P/6C 3/3