Mohanraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.02.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Mohanraj ... Petitioner/ Sole Accused Vs State represented by The Inspector of Police, Pallathur Police Station, Sivagangai District.

(Crime No.127 of 2021) ... Respondent/ Complainant For Petitioner : Mr.P.Saravanan Advocate.

For Respondent : Mr.M.Muthumanikkam Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.127 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 alleged offences punishable under Sections 294(b), 353 and 506(2) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.127 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had gone to the hospital for treatment in a drunken mood and quarreled with the defacto complainant, who is working as a nurse in the hospital and threatened her with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner went into hospital for treatment and due to pain, he had only shouted, but he has not abused in filthy language and not threatened the defacto complainant.

4.The learned Government Advocate (Criminal Side) would submit that the petitioner is having seven previous cases, in which, one case was registered in Crime No.8 of 2021 on the file of the 1/3

Pallathur Police Station for the offences under Sections 448, 294(b) IPC and Section 4 of TNPHW Act.

5.Considering the above facts and circumstances and also the facts that no one was injured in the incident and that the investigation is completed, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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, Karaikudi, 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 Tiruvannamalai and report before the Tiruvannamalai Town Police Station, for a period of thirty (30) days 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/- 09/02/2022 / TRUE COPY / / /2022 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, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN POLICE STAION, TIRUVANNAMALAI.

+1 CC to Mr.P.SARAVANAN, Advocate ( SR-951[I] dated 10/02/2022 )

ORDER

IN CRL OP(MD) No.19406 of 2021 Date :09/02/2022 CSM MK/VR/SAR.IV/16.02.2022/3P/7C 3/3