Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Mohan ... Petitioner/Sole Accused Vs The Inspector of Police, Theppakulam Police Station, Madurai City.

Crime No.527/2024.

... Respondent/Complainant For Petitioner : Mr.S.Vijayakumar, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) For Intervenor : Mrs.Santhya, Advocate PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.527/2024 on the file of the respondent Police. 1/5

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 296(b) and 351(2) BNS, in Crime No.527 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the accused have demanded Rs.30,00,000/- from the defacto complainant. However, the defacto complainant refused the same, for which, the accused gave life threat to him. Hence, the complaint. 3.The learned Counsel appearing for the intervenor would oppose to grant of anticipatory bail on the submission that the petitioner is repeatedly indulging in similar type of offences. The petitioner is a busy body and whenever any construction is taking place, he will intervene and try to extract money from the innocent persons, who are putting up constructions. 4.Heard the learned counsel on either side and perused the material records of the case.

5.Considering the allegation that the petitioner joined hands with the own brother of the defacto complainant, tried to threaten the defacto complainant and extracted money and also considering the fact that till date, the petitioner is not added as accused in any other case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.Accordingly, this Petition is allowed and 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-I, Madurai District, 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 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 three weeks;

(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 3/5

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/- 30/08/2024 / TRUE COPY / / 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI CITY.

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

+1 CC to M/s.S.VIJAYAKUMAR, Advocate ( SR-10627[I] dated 30/08/2024 ) 4/5

+1 CC to M/s.T.SATHYA SELVI, Advocate ( SR-10811[I] dated 03/09/2024 )

ORDER

IN CRL OP(MD) No.13987 of 2024 Date :30/08/2024 PSP/ /SAR /11.09.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5