Arunachalam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Arunachalam ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Ayyampettai Police Station, Thanjavur District.
Crime No.905 of 2021.
... Respondent/Complainant For Petitioner : M/s.Narayanan R, Advocate.
For Respondent : Mr.A. Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.905 of 2021 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 436 IPC in Crime No. 905 of 2021 on the file of the respondent Police, seeks anticipatory bail.
2.The case of the prosecution, as per the defacto complainant is that due to civil dispute the petitioner along with other accused came to the house of the defacto complainant and abused him in filthy language and also assaulted him and set fire on the shed. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case due to previous enmity and seeks bail. 1/3
4.The learned Government Advocate (Crl.side) would submit that the injured was discharged form the hospital. He would further submit that petitioner is a habitual offender and he is having two previous cases and the damage accused is worth about Rs.25,000/- and hence, he strongly opposed to grant anticipatory bail to the petitioners.
5.Taking into consideration the facts and circumstances of the case and that the injured was 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 on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - III, Thanjavur, 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 is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Credit of Crime No.905 of 2021 on the file of the Judicial Magistrate No.III, Thanjavur without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;
[b] 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.
[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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]. 2/3
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.III, THANJAVUR.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.NARAYANAN, Advocate ( SR-14561[I] dated 08/12/2022 )
ORDER
IN CRL OP(MD) No.21347 of 2022 Date :08/12/2022 trp USK/VR/SAR-I/15.12.2022/3P/6C 3/3