Saravanan 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 CRL OP(MD)No.17751 of 2023 Saravanan ... Petitioner/Accused No.1 Vs State rep. by The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

(In Crime No.345 of 2023).

... Respondent/Complainant For Petitioner : Mr.S.Prabha, Advocate For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.345 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police 1/5

for the offences punishable under Sections 294(b), 324 and 506(ii) IPC, in Crime No.345 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to family dispute, the accused persons have abused the de-facto complainant in filthy language and attacked her with stones and criminally intimidated her. Hence, the case. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent police. 4.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.

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-II, Sattur, on condition that the petitioner shall execute a bond for a sum of Rs.

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 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 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]. 3/5

[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-II, Sattur.

2 Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3 The Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

+1 CC to M/s.S.PRABHA, Advocate ( SR-14726[I] dated 06/10/2023 ) 4/5

ORDER

IN CRL OP(MD) No.17751 of 2023 Date :05/10/2023 SSA/VRS/13.10.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5