Athimoolam v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.08.2023 PRESENT The Hon`ble Mr.Justice P.DHANABAL Athimoolam

... Petitioner/Accused No.6 Vs State Rep.by The Inspector of Police, CBCID South, Pudukottai District Crime No.2 of 2023

... Respondent/Complainant For Petitioner : Mr.K. Suyambulinga Bharathi, Advocate For Mr. S.Anantha Murugan, Advocate For Respondent : Mr.M.Sakthi Kumar

Government Advocate(Crl.Side PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.2 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 174 of Cr.P.C @ 306 of IPC @ 120(b) and 306 of IPC in Crime No.2 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel for the petitioner would contend that this petitioner has been arrayed as A6 in this case and the respondent police has foisted a false case against him and he has not committed any offence as alleged in the First Information Report. The co-accused in this case was granted bail as well as anticipatory bail by this Court. Already this petitioner was granted anticipatory bail in Crime No.1 of 2023. Even according to the case of the prosecution no specific overt act has been attributed as against the petitioner. Further the date of alleged occurrence is

25.01.2023 and now for more than six months the investigation is still pending hence he may be granted anticipatory bail.

¶3The learned Government Advocate (Crl.Side)appearing for the respondent filed detailed counter stating that the offence is grave in nature and specific overt act is attributed as against this petitioner. He also shared the amount and he is the close associate of the main accused and as per the confession statement of the other accused this petitioner also shared the amount hence he objected to grant anticipatory bail to the petitioner

¶4Heard both side and perused the materials available on record.

¶5Considering the rival submissions on either side and considering the fact that already main accused was released on bail and also considering the date of registration of the First Information Report, considering that already anticipatory bail was granted in connected case and also considering all other aspects, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

6.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 No.II, Pudukottai 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the Inspector of Police, CBCID, Sivagangai daily at 10.00 A.M. until further orders. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial. [c] the petitioner shall not abscond either during investigation or trial. [d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 10/08/2023 / TRUE COPY /

/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. aav TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKOTTAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE, CBCID SOUTH, PUDUKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO THE INSPECTOR OF POLICE, CBCID, SIVAGANGAI DISTRICT. +1 CC to M/s.S.ANANDHA MURUGAN, Advocate ( SR-12262[I] dated 14/08/2023 ) ORDER IN CRL OP(MD) No.14190 of 2023 Date :10/08/2023 RS/MMS/SAR-1(14.08.2023) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023