Sivakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM
1. Sivakumar
2. Saravanan @ Saravanakumar ... Petitioners/Accused No.2&3 Vs The Inspector of Police, Thennilai Police Station, Thennilai, Karur District.
(Crime No.186 of 2023).
... Respondent/Complainant For Petitioner : Mr.J.Madhu, Advocate.
For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.186 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections (*)429, 506(ii) r/w Section 11(1)(L) of Prevention of Cruelty of animals Act, 1960, in Crime No.186 of 2023, seek anticipatory bail.
2.The case of the prosecution is that on 05.12.2023, at about 07.30 a.m, one Dhandapani, who is the adjacent land owner of the defacto complainant along with the petitioners herein went to the house of the defacto complainant and demanded a sum of Rs.10,000/- for injuries caused to his cattle by the street dogs, which were fed by the defacto complainant regularly. When the defacto complainant refused to give the amount, they said to have threatened him with dire consequences and also attacked the dogs with stone & wooden log and hanged them on the near by tree. Hence the case.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the investigation is not yet completed and no previous case is pending against the petitioners.
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5.Considering the nature of allegations levelled as against the petitioners and 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 origin of crime, it is seen that the offence alleged as against the petitioners is not a case of heinous crime. Further the petitioners are having permanent residence at Karur 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, he can safely be released on his personal bond. 6.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners.
on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Aravakuruchi, on condition that the petitioners shall execute a 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 petitioners shall affix his photograph 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 petitioners shall report before the trial Court on 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 4/6
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/- 12/12/2023 (*) Amended as per order of the Court dated 09.01.2024 in CRL MP(MD)No.160/2024 in CRL OP(MD)No. 22336/2023 BY MDIJ Time granted by this court to comply with the condition imposed vide order dated 12.12.2023 in Crl OP(MD)No. 22336 of 2023 is extended for a period of two weeks from the date of receipt of amended copy of this order.
/ TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DATED 12/12/2023 ALREADY DESPATCHED.
1. The District Munsif Cum Judicial Magistrate, Aravakuruchi..
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2. Do-Through The Chief Judicial Magistrate, Karur District.
3. The Inspector of Police, Thennilai Police Station, Thennilai, Karur District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.J.MADHU, Advocate ( SR-487[I] dated 18/01/2024)
ORDER
IN CRL OP(MD) No.22336 of 2023 Date :12/12/2023 RK/JGB (20/12/2023) 6P / 6C SJI PKP/DD/SAR /29.01.2024/ 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6