Ayyakannu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Ayyakannu ... Petitioner/Sole Accused -VsThe State represented by The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(in Cr.No.1045 of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest by the respondent Police with respect to Cr.No.1045 of 2022.

For Petitioner : Mr.P.Banuprasath, Advocate For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 352, 354 and 506(ii) of IPC and Section 4 of TNPHW Act, 2002 in Crime No.1045 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, Anitha, is that due to financial dispute, on 28.11.2022, the petitioner has abused the de-facto complainant in filthy language and assaulted her and threatened her with dire consequences. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and due to a civil dispute, a false complaint has been given. He would also submit that it is a case and case in counter and on the complaint given by the petitioner, a case in Cr.No.1046 of 2022 has been registered against the de-facto complainant. He would also submit that the petitioner is ready to abide by stringent conditions imposed on him. 4.The learned Government Advocate (Crl.side) would submit that due to financial dispute, on 28.11.2022, the petitioner has abused 1/3

the de-facto complainant in filthy language and assaulted her and threatened her with dire consequence.

5.Taking into consideration the facts and submissions of the case and also perusing the materials available on record including the F.I.R., 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 District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District, 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 report before the respondent police everyday at 10.30 a.m., for a period of four weeks and thereafter, every Saturday at 10.30 am until further orders. [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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, KABISTHALAM POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S. BANUPRASATH.P Advocate SR.No.15185

ORDER

IN CRL OP(MD) No.22390 of 2022 Date :19/12/2022 SA/VR/SAR.3/27.12.2022/3P/6C 3/3