M.Velraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR M.Velraj ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Uthumalai Police Station, Uthumalai, Tenkasi District.

Cr.No.340 of 2021.

... Respondent/Complainant For Petitioner : M/s.Santhana Krishnan P, Advocate.

For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- C-31AB. For Anticipatory Bail in Crime No.340 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 294 (b) and 506(ii) IPC, in Crime No.340 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner scandalized the people of Thevar community by standing in front of the Thevar Statue and when the same was questioned by the defacto complainant, there was some wordy quarrel arose between the parties, due to which, the petitioner threatened the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would also submit that the petitioner is also belonging to the same community and and the petitioner is not having any previous case.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that there was some wordy quarrel arose between the parties, due to which, the petitioner made a life threat 1/3

to the defacto complainant. He would further submit that no one was injured in this case.

5.Considering the facts and circumstances of the case and considering the fact that there arose some wordy quarrel between the parties and also the facts that no one was injured in this case and that the petitioner is not having any previous case for similar or serious offence as stated by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner 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, Alangulam, Tenkasi District, 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;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 11/11/2021 / 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, Alangulam, Tenkasi District.

2.Do-Through The Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Uthumalai Police Station, Uthumalai, Tenkasi District. Cr.No. 340 of 2021..

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.Santhana Krishnan, Advocate (SR-8023)

ORDER

IN CRL OP(MD) No.17419 of 2021 Date : 11/11/2021 RS/JC/SAR2 (18.11.2021) 3P 6C 3/3