Madras High Court
CRL OP(MD)/16019/2020 of Sangili Vs The Inspector of Police on 30 December 2020
No.16019 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.16019 of 2020 Sangili ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, Sholavandan Police Station, Madurai
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 30/12/2020
PRESENT
The Hon'ble Mr.Justice G.ILANGOVAN
CRL OP(MD) No.16019 of 2020
Sangili ... Petitioner/Sole Accused VsThe State rep. byThe Inspector of Police,Sholavandan Police Station, Madurai District.
Crime No.2016 of 2020. ... Respondent/Complainant For Petitioner : Mr.Pitchai Muthu.M, Advocate. For Respondent : Mr.Seenivasan, Government Advocate (Criminal Side)
PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C
PRAYER :- For Anticipatory Bail in Crime No.2016 of 2020 on the fileof the Respondent Police.
ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of therespondent police for the offences punishable under sections 294(b),427 and 506(i) of I.P.C., in Crime No.2016 of 2020 on the file ofthe respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to civil dispute,there was a wordy quarrel between the petitioner and the defactocomplainant, in which, the petitioner said to have abused thedefacto complainant by using filthy language and attacked thedefacto complainant. Hence, the present complaint.
3. Heard the learned counsel appearing for the petitioner andthe learned Government Advocate(Criminal Side) appearing for therespondent.
4. The learned counsel appearing for the petitioner submittedthat the petitioner is innocent person and he has not committed anyoffence as alleged by the prosecution and he has been falselyimplicated in this case. Hence, he seeks anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/
5. The learned Government Advocate (Criminal Side), appearingfor the respondent police submitted that no one has sustainedinjuries.
6. Considering the facts and circumstances of the case and alsoconsidering the fact that due to civil dispute, the occurrence saidto have taken place and no one has sustained injuries, this Court isinclined to grant anticipatory bail to the petitioner with certainconditions.
7. Accordingly, the petitioner is ordered to be released on bailin the event of arrest or his appearance, within a period of twoweeks from the date of receipt of a copy of this order, before thelearned Judicial Magistrate, Vadipatti, Madurai District, oncondition that the petitioner shall execute a bond for a sum ofRs.10,000/- (Rupees Ten thousand only) each with two sureties eachfor a like sum to the satisfaction of the respondent Police or tothe Police Officer, who intends to arrest or to the satisfaction ofthe learned Magistrate concerned and on further condition that:
(a) the petitioner and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioner shall report before the respondent policedaily at 10.30 a.m., for a period of two weeks and thereafter, asand when required for interrogation.
(c) the petitioner shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioner shall not abscond either during investigationor trial; (e)on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if the conditionshave been imposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;(f)if the accused/petitioner thereafter abscond, a fresh FIRcan be registered under Section 229-A IPC.
sd/-
30/12/2020
/ TRUE COPY /
Madurai Bench of Madras High Court,
https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.TO1. THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT.2. -DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.3. THE INSPECTOR OF POLICE, SHOLAVANDAN POLICE STATION, MADURAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.16019 of 2020 Date :30/12/2020MRN/CPSRS/KV/SAR-I/04.01.2021/3P/5C