Gopi v. The Inspector of Police

CRL OP(MD). No.6895 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.6895 of 2023 Gopi ... Petitioner/Accused 3

Vs The State rep.by The Inspector of Police, Thanjavur West Police Station, Thanjavur District. Crime No.364 of 2023 ... Respondent/Complainant For Petitioner : Mr.T.VADIVELAN Advocate. For Respondent : Mr.R.M.ANBUNITHI Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.364/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC r/w Section 4 of TNPHW Act, in Crime No.364 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, the petitioner and others abused the de-facto complainant in filthy language, attacked her and also criminally intimidated her. Hence, the case.

3.Heard both sides and perused the materials available on record including the First Information Report.

4.Considering the above facts and circumstances of the case and also the fact that the injured was discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioner with certain conditions: CRL OP(MD). No.6895 of 2023

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 Court No.1, Thanjavur, 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/- 17/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. SJI TO 1 THE JUDICIAL MAGISTRATE COURT NO.I, THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. CRLeOP(MD).eNo.6895eofe2023 3 THE INSPECTOR OF POLICE, THANJAVUR WEST POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.6895 of 2023 Date :17/04/2023 SA/VR/SAR.4/26.04.2023/3P/5C