Mydeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19648 of 2022 Mydeen ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Thallakulam Police Station, Madurai City.

(Crime No.784 of 2022) ... Respondent/Complainant For Petitioner : M/s.Thamotharakannan C, 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.784 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.784 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant's son-in-law namely Palpandi is working in the petitioner's meat shop. On the date of occurrence, the defacto complainant and her daughter came to the petitioner's shop to meet the said Palpandi, at that time, the petitioner abused them in filthy language, assaulted them

and also criminally intimidated them with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that a case in counter has been registered against petitioner in Crime No.783 of 2022 and the petitioner shall abide any condition imposed by this Court. Hence, he may be granted anticipatory bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that it is a case and case in counter and the injured has been discharged from the hospital. He would further submit that the petitioner is having one previous case and the investigation in this case is not yet completed. Hence, he strongly opposed for grant of anticipatory bail. 5.Considering the facts and circumstances of the case and considering the nature of the offence and also the facts that injured has already been discharged from the hospital and it is a case and case in counter, 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 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 No.II, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.

[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 card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 a.m., until further orders;

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

Sd/- 07/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

CP TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.19648 of 2022 Date :07/11/2022 SP/BUC/SAR II/17/11/2022/3P/5C