S.Jothi @ Jothindran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. S.Jothi @ Jothindran
2. Kayesh
3. Senthilkumar
4. J.L.Manulal
5. V.Kalaiselvan
6. B.K.Gobakumar
7. Sureshkumar
8. V.Santhosh
9. N.Jeyan @ Jeyasekaran
10. K.Jeyaram
11. S.Vishnu ... Petitioners/Accused Nos.1 to 11 Vs The State rep.by, The Inspector of Police, Thucklay Police Station, Kanyakumari District.
(Crime No.383/2022).
... Respondent/Complainant For Petitioner : M/s.Karunanithi M, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.383 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A1 to A11, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 143, 341, 427, 294(b) and 506(i) IPC, in Crime No.383 of 2022, seek anticipatory bail.
2.The case of the prosecution is that the de-facto complainant is working as Joint Secretary of DMK Political Party at 1/3
Padmanabhapuram Town. On 04.10.2022, there was a wordy quarrel between the parties regarding the removal of banner, the petitioners threatened the de-facto complainant with dire consequences. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioners are ready to file an undertaking affidavit that they will not indulge in any such offence in future.
4.The learned Additional Public Prosecutor appearing for the respondent police would submit that A5 is having one previous case and other petitioners are having no previous case and the investigation is pending. Hence, he strongly opposed to grant anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and also considering the nature of the offence and also the fact that the petitioners' readiness to file an undertaking affidavit before the concerned Jurisdictional Magistrate, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners shall pay a sum of Rs.1,000/- (Rupees one Thousand only) each to the Anbagam, Race Course Road, K.Pudur, Madurai 600 007, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate No.I, Padmanabapuram, Kanyakumari District.
7.On production of such receipt, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Padmanabapuram, Kanyakumari District, on condition that the petitioners 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 conditions that:
(a)the petitioners 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 petitioners shall file an undertaking affidavit that they will not indulge in any such offence in future, before the concerned Judicial Magistrate. On filing of such undertaking affidavit, the concerned Judicial Magistrate shall accept the sureties.
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(c)the petitioners shall report before the respondent police daily at 10.30 am until further orders.
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 14/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, PADMANABAPURAM, KANYAKUMARI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE THUCKLAY POLICE STATION, KANYAKUMARI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, ANBAGAM, RACE COURSE ROAD, K.PUDUR, MADURAI 600 007 +1 CC to M/s.M.KARUNANITHI, Advocate (SR-11435[I] dated 14/10/2022 ) ORDER IN CRL OP(MD) No.18356 of 2022 Date :14/10/2022 SJI SA/SBN/SAR.I/20.10.2022/P/C 3/3