Kurunthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Date: 05.10.2023 PRESENT The Hon`ble MR JUSTICE V.SIVAGNANAM Kurunthan ... Petitioner / Accused Rank not known Vs The State rep by The Inspector of Police, Ulagampatti Police Station, Sivagangai District.

(Crime No. Not known of 2023) ... Respondent / Complainant For Petitioner :

Mr.V.Vishnu, Advocate For Respondent :

M/s.M.Aasha Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not known of 2023 on the file of the Respondent Police.

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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(i) IPC in Crime No.Not known of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity in relation to civil dispute, the petitioner has trespassed into the property of the de-facto complainant and abused him in filthy language and also attacked him with dire consequences. Hence, the case.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He would also submit that the petitioner has not committed any offence, as alleged by the prosecution and he was falsely implicated in this case. Hence, he would pray for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (crl.side) would submit that due to previous enmity in relation to civil dispute, the petitioner has trespassed into the property of the de-facto complainant and abused him in filthy language and also attacked him with dire consequences. She would strongly oppose to grant anticipatory bail to the petitioner.

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5.Considering the facts and circumstances of the case, 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 on which the order copy made ready, before the learned Judicial Magistrate, Tiruppatur, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 appear before the Trial Court on issuance of summons. [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 3/5

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 229A IPC.

sd/- 05/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR To 1.The Judicial Magistrate, Thiruppatur.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Ulagampatti Police Station, Sivagangai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.17765 of 2023 Date :05/10/2023 ED/VRS/SAR- (17/10/2023) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5