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M.Easwaran v. The Inspector of Police

Madras HC16 Oct 2020CRL OP(MD)/11588/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the sole accused in a criminal case involving alleged abuse and assault. The court imposed conditions including regular reporting, execution of a bond with sureties, and restrictions on tampering with evidence or absconding.

What did the court decide?

Petitioner ordered to be released on bail in event of arrest with bond of Rs.10,000 and two sureties, and strict reporting and non-absconding conditions.

M.Easwaran Vs The Inspector of Police — Cheating and Forgery | Madras HC (2020)

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CRL OP(MD). No.11588 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 16/10/2020 PRESENT

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The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN

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CRL OP(MD). No.11588 of 2020

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M.Easwaran ... Petitioner/Sole Accused

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The State rep. by The Inspector of Police, Chinnamanur Police Station, Theni District. (Fir in Cr No.2055 of 2020). ... Respondent/Complainant For Petitioner : M/s.P.M.Vishnuvarthanan, Advocate. For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Criminal Side)

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PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C

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PRAYER :-

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For an Anticipatory Bail in Cr NO.2055 of 2020 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) of IPC, in Cr No.2055 of 2020 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that due to previous enmity in respect of illegal relationship between the petitioner and the defacto complainant's sister, the petitioner said to have abused the defacto complainant by using filthy language and also attacked him with hands and caused injuries. Hence, the complaint.

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3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the https://hcservices.ecourts.gov.in/hcservices/ respondent.

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CRL OP(MD). No.11588 of 2020

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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the injured sustained only simple injury and he was discharged from the hospital. Hence, he seeks anticipatory bail to the petitioner.

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5.The learned Government Advocate (Criminal Side), on instructions, submitted that the injured sustained only simple injury and he was discharged from the hospital.

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6.Considering the facts and circumstances of the case and also considering the fact that the injured sustained only simple injury and he was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned The Judicial Magistrate, Uthamapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

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(b)the petitioner shall report before the respondent police daily at 10.30 a.m without fail for a period of two weeks and thereafter, as and when required for interrogation.

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(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner shall not abscond either during investigation or trial;

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(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 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]; and;

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https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.11588 of 2020

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(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/16/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM. 2. -DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3. THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1.CC to M/S.P.M.VISHNUVARTHANAN, Advocate (SR.No.20438 dated 16/10/2020 ) ORDER IN CRL OP(MD) No.11588 of 2020 Date :16/10/2020 DSS SRS/ JC/SAR-IV/ 22.10.2020/ 3P/6C

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https://hcservices.ecourts.gov.in/hcservices/

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M.Easwaran v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

M.Easwaran v. The Inspector of Police

Case brief

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