P.Sundarapandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.12.2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI P.Sundarapandian ... Petitioner/ Accused (Rank Not Known) Vs.
The State rep.by, The Inspector of Police, Karaiyur Police Station, Pudukkottai District.
in Crime No.195 of 2021. ... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.195 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 506(1) of IPC @ Sections 294(b), 325, 506(1) of IPC in Crime No.195 of 2021 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail. 2.The case of the prosecution is that on 03.09.2021, due to a dispute with regard to a two wheeler, the petitioner and other accused persons assaulted the defacto complainant, abused him in filthy language and threatened him. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate, on instructions, would submit that no previous case is pending against the petitioner and the injured has been discharged from the Hospital. 1/3
5. Considering the facts that no previous case is pending against the petitioner and the injured has been discharged from the Hospital, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Iluppur, Pudukkottai District and on him 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 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 Aadhaar cards or bank pass pooks to ensure their identity.
(b)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter, as and when required for interrogation.
(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]. (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 29/12/2021 / 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 1 THE JUDICIAL MAGISTRATE, ILUPPPUR, PUDUKKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE KARAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.21072 of 2021 Date :29/12/2021 mbi MK/JM/SAR.I/03.01.2022/3P/5C 3/3