N.Raja v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.03.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD)No.5093 of 2023 N.Raja

... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Kabisthalam Police Station, Thanjavur District. (In Crime No.116 of 2023) ... Respondent/Complainant For Petitioner : Mr.G.Anto Prince For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.116 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279, 337 of the Indian Penal Code, 1860 and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss)Act, 1992 in Crime No.116 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 04.03.2023, at about

01.00 pm., the defacto complainant, her husband and her son, who is the petitioner herein, came in four wheeler and the petitioner herein drove the vehicle in rash and negligent manner. Due to the same, the wheel of the vehicle burst out and the car lost its control and hit nearby electric pole. Therefore, the defacto complainant and her husband sustained injuries. Hence, the case.

3.Heard both sides and perused the materials available in the records.

4.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

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, Papanasam, Thanjavur District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum 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 and the sureties shall affix their photographs 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 petitioner shall report before the respondent Police, daily at 10.30 A.M., for a period of two weeks and thereafter, as and when required for interrogation; [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. [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/- 17/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE PAPANASAM, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.ANTO PRINCE.G Advocate SR.No.4515 ORDER IN CRL OP(MD) No.5093 of 2023 Date :17/03/2023 SS/BUC/SAR II/31/03/2023/3P/6C