Rajendiran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.08.2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Rajendiran ... Petitioner/Sole Accused Vs The Inspector of Police, Tharuvaikulam Police Station, Thoothukudi District.
(Crime No.109 of 2023) ... Respondent/Complainant For Petitioner :
Mr.D.Senthil, Advocate.
For Respondent :
Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.109 of 2023 on the file of the Respondent police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 294(b), 406, 506(i) of IPC, in Crime No.109 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner purchased fish from the defacto complainant and the balance amount of Rs.3,39,100/- was not repaid by him and upon the demand, the petitioner threatened the defacto complainant with dire consequences. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering the facts and circumstances of the case and also considering the nature of allegation in the FIR that taking delivery of fish over a period of time, the balance amount of Rs.3,39,100/- left and was not repaid and upon demand, the petitioner threatened, I am inclined to enlarge the petitioner on anticipatory bail with certain conditions.
5.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 District Munsif cum Judicial Magistrate, Ottapidaram, on condition that the petitioner shall execute a 2/5
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 and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(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; 3/5
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 28/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR To 1.The District Munsif cum Judicial Magistrate, Ottapidaram.
2.Do through the Chief Judicial Magistrate, Thoothukudi District.
3.The Inspector of Police, Tharuvaikulam Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D.SENTHIL, Advocate ( SR-10473[I] dated 28/08/2024 )
ORDER
IN CRL OP(MD) No.14183 of 2024 Date :28/08/2024 4/5
ED/SG /SAR- (18/09/2024) 5P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5