Prakash Shenpagam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Prakash Shenpagam, ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Tenkasi Police Station, Tenkasi District.

Crime No.not known of 2023.

... Respondent/Complainant For Petitioner : Mr.S.Sundarapandian,Advocate.

For Respondent : Mr.R.Sureshkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.Not Known of 2023 on the file of the Respondent Police.

1/5

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 506(ii) of IPC in Crime No.not known of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him, hence he seeks anticipatory to the petitioner.

3.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that on receiving complaint from the complainant petition enquiry was conducted and the same is pending and the allegation in the complaint pertains to money dispute.

4. Considering the allegations in the petition and no case has been registered as against the petitioner as on date and also considering the allegations as against the petitioner this Court is inclined to grant anticipatory bail to the petitioner. 2/5

5. 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, Tenkasi on condition that the petitioner shall execute own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank Pass Book to ensure his identity.

[b] the petitioner shall appear before the respondent police and co operate with the investigation.

[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. 3/5

[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/- 30/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO THE JUDICIAL MAGISTRATE, TENKASI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

4/5

THE INSPECTOR OF POLICE TENKASI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.21612 of 2023 Date :30/11/2023 PKP/DD/SAR- /04.12.2023/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5