Dheena Thayalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Dheena Thayalan ... Petitioner/1st Accused Vs State Rep.by The Inspector of Police, Keela Valavu Police Station, Madurai District.

Crime No.226 of 2022.

... Respondent/Complainant For Petitioner : M/s.Jeyakarthik M.S., Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.226 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 323, 324 and 506(ii) IPC r/w Section 4 of TNPWH Act in Crime No.226 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, all the accused persons trespassed into the house of the de-facto complainant, abused him in filthy language and attacked him with broomstick and caused severe life threat to the de-facto complainant with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner would submit that due to family dispute between the parties, a false case was foisted against the petitioner. He would further submit that A2 and A3 were already granted anticipatory bail. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the injured was discharged from the hospital and the petitioner is having five previous cases and the investigation is pending. Hence, he strongly opposed to grant anticipatory bail.

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5.Considering the facts and circumstances of the case and also considering the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, without prejudice to his rights and contentions before the trial Court and produce the receipt before the learned Judicial Magistrate Court, Melur.

7.On production of such receipt, 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 Court, Melur, 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am until further orders.

(c)the petitioner shall not tamper with 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KEELA VALAVU POLICE STATION, MADURAI DISTRICT.

4 THE OFFICER INCHARGE, ROJAVANAM, HOME FOR AGED AND POOR, Y.OTHAKADAI, MADURAI.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-11623[I] dated 19/10/2022 )

ORDER

IN CRL OP(MD) No.18431 of 2022 Date :18/10/2022 SJI RS/SBN/SAR.(31.10.2022) 3P-7C 3/3