Mookkannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mookkannan ... Petitioner / Accused No.1 Vs The State represented by The Inspector of Police, Fort Police Station, Trichirappalli.

Crime No.96 of 2020.

... Respondent / Complainant For Petitioner : M/s.K.R.Kishore Ram, Advocate For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.96 of 2020 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the 1/4

respondent police for the alleged offence punishable under Sections 420, 294(b), 506

(2) and 34 of IPC in Crime No.96 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. On the ground that there was a failure on the part of the petitioner to bring to the notice of this Court, the fact, while passing order in Crl.O.P(MD)No.2158 of 2020, this petition has been filed, stating that even before the registration of this FIR, this petitioner filed I.P.No.18 of 2019 before the Special Court, Trichy, in which the defacto complainant Shanthi is also shown as one of the respondent, namely the 42nd respondent. Now the matter is stated to be pending. Since the FIR has been registered subsequent to the filing of the I.P., when earlier application was dismissed, this aspect was not brought to the notice.

3. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner. Let the above said investigation be completed within a period of three months. The petitioner is directed to appear before the respondent police and must share the information regarding the stage of I.P. and the steps taken by the petitioner to settle the dues. 2/4

4. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Tiruchirappalli, on condition 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE NO.I, TIRUCHIRAPPALLI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI.

3.THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHIRAPPALLI.

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

ORDER

IN CRL OP(MD) No.14040 of 2023 Date :01/08/2023 RK/MMS/SAR-4 (16/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4