Praveen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM
1. Praveen,
2. Velladurai,
3. Mahadevan, ... Petitioners/Accused (Rank Not Known) Vs The Inspector of Police, Kalakkadu Police Station, Tirunelveli District.
Cr.No.400/2023.
... Respondent/Complainant For Petitioners : M/s.VEERAPANDI S.P., 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. 400/2023 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 448,427,323, 506(ii) of IPC in Crime No.400 of 2023 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to previous enmity the petitioners along with other accused abused the defacto complainant and others, assaulted and 1/4
also caused criminal intimidation to them. Hence, the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. Therefore, he prayed for anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioners along with other accused abused the defacto complainant and others, assaulted and also caused criminal intimidation to them, hence he objected to grant anticipatory bail to the petitioners. However he fairly concedes that co accused were granted anticipatory bail by this Court. 5.
Considering the facts and circumstances of the case and also the fact that the co accused were granted anticipatory bail by this Court this court is inclined to grant anticipatory bail to the petitioners with certain conditions: 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Nanguneri on condition that the petitioners shall execute a bond for a sum of Rs.
shall stand dismissed and on further condition that: [a] the petitioners 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 petitioners shall appear before the trial Court on summons [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 06/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
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AAV TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, KALAKKADU POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.VEERAPANDI, Advocate ( SR-14801[I] dated 09/10/2023 ) ORDER IN CRL OP(MD) No.17823 of 2023 Date :06/10/2023 SA/JGB/SAR. /12.10.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4