S Senthil v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

1. S Senthil

2. K.Saminathan

3. N.Vignesh @ Vinoth

4. R.Veppillai @ Selvaraj

5. Vanaja ... Petitioners / Accused No.1 to 5 Vs The State rep by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

(Crime No.728/2022).

... Respondent / Complainant For Petitioners :

Mr. Dhilipan Pandian R.L., Advocate.

For Respondent :

Mr.R.M.S.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.728/2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147,448,427,379 and 506(i) IPC, in 1/5

Crime No.728 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 19.05.2022 all the accused persons trespassed into the house of the defacto complainant and damaged the house hold articles and also take away Rs.12000/- cash and five sovereigns of gold chain, cell phone and also threatened with dire consequences, 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, hence he seek anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that all the accused persons trespassed into the house of the defacto complainant and damaged the house hold articles and also take away Rs.12000/- cash and five sovereigns of gold chain, cell phone and also threatened with dire consequences hence he objected to grant anticipatory bail to the petitioners. 5.It is reported that no previous case is pending against the petitioners. Taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994)4 SCC 260 and taking into consideration the origine of crime, it is seen that the 2/5

offence alleged as against the petitioners is not a case of heinous crime. Further the petitioners are having permanent residents at Thanjavur District. Hence the principles stated in Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, they can safely be released on their personal bond. 6.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners.

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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District on condition that the petitioners shall execute own bonds for a sum of Rs.

to ensure their identity.

[b] the petitioners shall report before the trial Court on receipt of 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/- 20/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 4/5

To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District.

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

+1CC to M/s.R.L.DHILIPAN PANDIAN, Advocate, SR.No.16516(I), dated 20.11.2023.

ORDER

IN CRL OP(MD) No.20808 of 2023 Date :20/11/2023 ED/JGB/SAR- (23/11/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5