Allowed

Malaiyandi v. The Inspector of Police

Madras HC18 Nov 2020CRL OP(MD)/13084/2020

Case brief

AI extract

What is this about?

In a petition for anticipatory bail for offences under IPC and Epidemic Disease Act related to breach of peace and obstructing police, the Madras High Court granted bail with conditions requiring appearance before the magistrate, daily police reporting, and prohibition on tampering with evidence or absconding.

What did the court decide?

Grant of anticipatory bail conditional on appearance before Magistrate within two weeks, daily police reporting, and execution of bond with sureties for Rs.10,000/- each.

Malaiyandi Vs The Inspector of Police — Anticipatory Bail | Madras HC (2020)

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CRL OP(MD). No.13084 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 : 18/11/2020

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PRESENT

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The Hon'ble Mr.Justice S.M.SUBRAMANIAM

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CRL OP(MD). No.13084 of 2020

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Malaiyandi ... Petitioner/

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Accused Rank not known

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The State rep. by The Inspector of Police, Appan Thirupathi Police Station, Madurai District.

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(Crime No.1321 of 2020). ... Respondent/Complainant

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For Petitioner : Mr.K.Rajesh, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, 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 Crime No.1321 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 Accused No.Rank Not Known, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 143, 353 and Section 3 of TNPPDL Act r/w Section 3 of Epidemic Disease Act, 1897, in Crime No.1321 of 2020 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner and other accused persons without following the traffic rules, have driven the vehicle and caused damage to the mini goods van and also not allowed the respondent police to do his official duty. Hence, the present complaint.

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

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CRL OP(MD). No.13084 of 2020

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3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he seek anticipatory bail.

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5.The learned Government Advocate (Criminal Side), appearing for the respondent police submitted that there is no previous case pending against the petitioner.

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6.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate VI, Madurai, 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 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 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;

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(b)the petitioner shall report before the respondent police daily at 10.00 a.m for a period of four 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 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]; and;

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CRL OP(MD). No.13084 of 2020

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

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sd/18/11/2020 / 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 NO.VI, MADURAI.

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