Parthiban v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Parthiban ... Petitioner/Accused No.6 Vs The State rep.by, The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Crime No.522/2021) ... Respondent/Complainant For Petitioner : Mr.S.J.Chakkkaravarthy, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.522 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections (*) 304(II) IPC and 177 of M.V.Act @ 304(II), 143, 269, 270, 271, 291, 505(1)(b) of IPC & 177 of M.V. Act r/w 109 of IPC in Crime No.522 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 30.10.2021, the vehicle bearing registration number TN 60 D 8111, was driven by its driver, in a rash and negligent manner against the Motor Vehicles Rules and he lost his control and turned in the middle of the road, in which, three passengers were severely injured and one person died. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and not committed any offence as alleged by the prosecution. The petitioner is also one of the passenger in the above said vehicle and that the co-accused was already enlarged on bail Hence, prays to release him on anticipatory bail. 1/3

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the vehicle driver, drove the vehicle against the Motor Vehicle Rules, in a rash and negligent manner, which endanger to the human life and in the accident, one person died and three persons were injured.

5.Considering the nature of charges levelled against the petitioner, that the petitioner is also travelled as a passenger in the above said vehicle and the co-accused was already released on bail by this Court, 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, before the learned District Munsif cum Judicial Magistrate, Kamuthi, Ramanathapuram District and on his executing 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 the petitioner shall appear before the respondent police daily at 10.30 am for a period of 30 days and thereafter, as and when required for interrogation.

The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2021 (*) Amended as per order of this Court dated 14/02/2022 in CRL MP (MD)No.1668/2022 in CRL OP(MD) No.20657/2021.

Time is also extended for two weeks from the date of receipt of copy of this order.

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

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO TO BE SUBSTITUTED WITH THE ORDER DATED 23/12/2021 ALREADY DESPATCHED.

1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.20657 of 2021 Date :23/12/2021 PNM MK/JC/SAR.III/05.01.2022/2P/5C USK/PN/SAR-IV/21.02.2022/3P/5C 3/3