G.Theivendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/12/2022 PRESENT The Hon`ble Ms.Justice R.N.MANJULA G.Theivendran, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Koomapatti Police Station, Virudhunagar District.

Crime No.160 of 2022..

... Respondent/Complainant For Petitioner : M/s.Pandian M, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.160 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 of IPC and Section 4 of TNPHW Act, in Crime No.160 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that the petitioner caused damages to the trees standing in the defacto complainant's garden. When the same was questioned by her, the petitioner caused simple injuries to the defacto complainant and scolded her. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and a false case was foisted against him. Hence, prays to release him on anticipatory bail. 1/3

4.The learned Government Advocate (Crl.Side) submitted that the injuries sustained by the victim are simple in nature. Due to property dispute between the parties, the petitioner causes assault upon the defacto complainant. There is no previous case against the petitioner.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that injuries sustained by the victim are simple in nature, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, this Criminal Original Petition is allowed and 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Srivilliputhur, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent Police daily at 10:30 a.m., until further orders;

(c)the petitioner shall not tamper with the 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]; and; 2/3

(f)if the accused/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 28/12/2022 / TRUE COPY / 29/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

THE INSPECTOR OF POLICE KOOMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.M.PANDIAN, Advocate ( SR-15624[I] dated 28/12/2022 )

ORDER

IN CRL OP(MD) No.23264 of 2022 Date :28/12/2022 PKP/GB/SAR-3/29.12.2022/3P/6C 3/3