Meenachisundaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD). No.15861 of 2023 Meenachisundaram ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, Aviyur Police Station, Virudhunagar District.

(Crime No.96 of 2023). ... Respondent/Complainant For Petitioner : Mr.G.Mariappan, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.96 of 2023 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused No.1 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 427, 379 and 506 (i) of IPC in Crime No.96 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.08.2023, while the defacto complainant was carrying out the quarry operations, the petitioner with two others intimidated the defacto complainant and taken away Rs.22,000/- and took the key of the pockline machine and later the petitioner set fire to the pockline machine. Hence, complaint.

3.The learned counsel for the petitioner would contend that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner was not present at the scene of occurrence and that he is no way connected with the case. Hence, he seeks anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the petitioner and others entered into quarry and criminally intimidated the defacto complainant and taken away Rs.20,000/- cash and key of the pockline machine and set fire to the pockline machine. There is no previous case as against the petitioner. The investigation is at initial stage. He strongly opposed to grant anticipatory bail to the 2/5

petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side and considering the fact that there is no previous case as against the petitioner and considering the nature of offence and also considering other aspects, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent Police daily at 10.00 am., until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE AVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-13087[I] dated 01/09/2023 ) 4/5

ORDER

IN CRL OP(MD) No.15861 of 2023 Date :01/09/2023 SSA/VRS/07.09.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5