Lakshmanan @ Udaiyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Lakshmanan @ Udaiyappan ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Kallal Police Station, Sivagangai District.

(Crime No.102 of 2022) ... Respondent/Complainant For Petitioner : Mr.A.Mohan, 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.102 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 447, 294(b), 342, 323, 506(ii) and 307 of IPC., in Cr.No.102 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to land dispute between the parties, on 09.07.2022 at about 5.30 p.m., the petitioner and other accused trespassed into the defacto complainant's land and tied up the cattle in the stone. When the same was questioned by the de-facto complainant, A1 attacked the complainant with aruval and caused injuries to him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that this is the petitioners' second anticipatory bail application and the earlier application was dismissed by this Court, dated 30.09.2022 in Crl.O.P.(MD)No.13913 of 2022. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital and the co-accused was already arrested and released on bail. He would further submit that 1/3

investigation is still pending and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and the co-accused have already been released on bail, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, 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/- 20/10/2022 / 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, KARAIKUDI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3.THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18787 of 2022 Date :20/10/2022 RK/GB/SAR-1 (03/11/2022) 3P/5C 3/3