Baskar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Baskar ... Petitioner/Sole Accused Vs State rep.by the The Inspector of Police, Thallakulam Police Station, Madurai.

Crime No.686 of 2022 ... Respondents/Complainant For Petitioner : Mr.A.K.Azagarsami, Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.686 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 355, 506(i) of IPC and Section 4 of Tamil Nadu of Harassment of Women Act, in Crime No.686 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner abused the defacto complainant in filthy language and also attacked them, for which, they have sustained simple injuries. Therefore, the present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent persons and he has been falsely implicated in this case. He would further submit that a counter case is pending against the defacto complainant.

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4. The learned Government Advocate (crl.side) appearing for the respondent police submitted that the injured has been discharged from the hospital. He would further submit that it is a case and case in counter.

5. Considering the facts and circumstances of the case and also the facts that the injured person has been discharged from the hospital and it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two common 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 Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks 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]. (f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/10/2022 / TRUE COPY / /10/2022 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 NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.17900 of 2022 Date :06/10/2022 TTA MK/GB/SAR.II/11.10.2022/3P/5C 3/3