Manthiramoorthy 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 Manthiramoorthy ... Petitioner/Accused No.2 Vs The State Rep. By, The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

Cr.No.474/2022.

... Respondent/Complainant For Petitioner : M/s.Prabu M, Advocate For Respondent : M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 474/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 436, 506(ii), in Crime No.474 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was previous motive between the parties, over which, on 12.08.2022, at about 01.00AM, the accused persons set fire the tea stall of the defacto complainant, abused and threatened him with dire consequences. Thereby, caused damages to the tune of Rs.40,000/-. Hence, the complaint.

3. On the side of petitioner, it is stated that the petitioner is innocent and no way connected with the offence. There was previous motive between the parties, over which, a false case was foisted against him. Hence, prays to release the petitioner on anticipatory bail.

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4.On the side of prosecution, it is stated that the injured was discharged from the hospital and that the petitioner is having two previous cases at his credit. In this case, A1 is still in custody and investigation is not yet completed. Hence, prays to dismiss the petition.

5.Considering the nature of dispute between the parties, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Head Mistress, Govt. High School, Sathyamoorthy Nagar, Madurai (SBI Bank, CIF No.85420502171, A/c No.30641540761, IFSC No.SBIN0016503), Phone No.2463101, without prejudice to his rights and contentions before the trial Court and produce the receipt before the trial Court.

7.On production of such receipt, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Kovilpatti, 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 learned 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 daily at 10.30 am until further orders;

(c)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioner shall be present before the Court on hearing dates and before the respondent police as and when required; (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;

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(f)if the accused/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 18/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO :

THE HEAD MISTRESS, GOVERNMENT HIGH SCHOOL, SATHYAMOORTHY NAGAR, MADURAI.

+1 CC to M/s.M.PRABU, Advocate ( SR-11597[I] dated 18/10/2022 )

ORDER

IN CRL OP(MD) No.18510 of 2022 Date :18/10/2022 pnm USK/SBN/SAR- /27.10.2022/3P/7C 3/3