Sathishkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17499 of 2021 Sathishkumar ... Petitioner/Accused No.2 Vs State rep by The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.
Crime No.824 of 2021 ... Respondent/Complainant For Petitioner : Mr.S.Prabhu Advocate.
For Respondent : Mr.S.Manikandan Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.824 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324 and 506(ii) IPC in Crime No.824 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and the de-facto complainant are friends. On 05.11.2021, the petitioner and other accused persons demanding liquor and the same was refused by the de-facto complainant. Due to which, there was a wordy quarrel between the petitioner and the de-facto complainant, the petitioner attacked the de-facto complainant with wooden log and caused injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the co-accused had already been arrested and released on bail.
4.The learned Government Advocate (Crl. side) appearing for the respondent police would submit that the petitioner is having four previous cases and he is a history sheeted rowdy in H.S.No.305 of 2021. He would further submit that the injured was already discharged from the hospital.
5.Considering the facts that there was a wordy quarrel between the parties, that the injured was already discharged from the hospital and also the fact that the co-accused had already been arrested and released on bail, 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 No.I, Pudukkottai, Pudukkottai 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 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 learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
(b)the petitioner shall stay at Madurai and report before the Thallakulam Police Station, Madurai daily at 10.30 a.m. for a period of one month and thereafter, as and when required for interrogation. (c)the petitioner shall not tamper with the 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/- 19/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI 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.I, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3.THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI.
+1 CC to M/s.S.PRABHA, Advocate ( SR-8347[I] dated 22/11/2021 )
ORDER
IN CRL OP(MD) No.17499 of 2021 Date : 19.11.2021 VB/JM/SAR-II/24.11.2021/3P/7C