Vamadevan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Vamadevan ... Petitioner/Accused Vs The State rep.by, The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

Crime No.17/2021 ... Respondent/Complainant For Petitioner : M/s.Priscilla Jancy.K. M, Advocate.

For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.17/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 427, 294(b) and 506(ii) of I.P.C, in Crime No.17 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 20.01.2021, due to civil dispute, the accused persons abused the defacto complainant by using filthy language and threatened him with dire consequences. They have also damages the car of the defacto complainant. Hence, the present complaint.

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3.The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are brothers. Due to property dispute, a false case has been registered against the petitioner. He would further submit that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution. Hence, he may be granted anticipatory bail. 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that there is a property dispute pending between the parties and the petitioner is not having any bad antecedent. He would further submit that no one sustained injury in the occurrence and the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the no one sustained injury in the occurrence and the petitioner is not having any bad antecedents, 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 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, Nanguneri, 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 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 respondent police daily at 10.30 a.m., until further orders;

[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]. 2/3

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 17/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cp TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, VIJAYANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18385 of 2022 Date :17/10/2022 RK/SSS/SAR- (28/10/2022) 3P/5C 3/3