Allowed

Rajkumar v. The Inspector of Police

Madras HC1 Feb 2021CRL OP(MD)/1071/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in a case involving abuse and assault. The court imposed conditions including daily reporting, execution of a surety bond, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioner released on bail in the event of arrest, subject to specific conditions including bonding, daily reporting, and no tampering with evidence or witnesses.

Rajkumar Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD). No.1071 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 01/02/2021

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PRESENT

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The Hon`ble Mr.Justice G.ILANGOVAN

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CRL OP(MD). No.1071 of 2021 Rajkumar ... Petitioner/Sole Accused

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The Inspector of Police, Adiramapttinam Police Station, Thanjavur District. Crime No.1463/2020. ... Respondent/Complainant

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For Petitioner : Mr.K.Muthuvai Ilaiyaraja, Advocate.

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For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side)

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

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PRAYER :- For Anticpatory Bail in Crime No.1463 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 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324 and 506(ii) of IPC seeks anticipatory bail.

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Heard both sides.

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3.The case of the prosecution is that the petitioner along with other, said to have abused the defacto complainant with filthy language and assaulted him with stone and the defacot complainant sustained injury. Hence, the complaint.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submitted that this is the second anticipatory bail application. He would further submit that te defacacto complainant sustained only simple injury and now, he was discharged from the hospital and hence, he prayed for grant of anticipatory bail to the petitioner.

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

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CRL OP(MD). No.1071 of 2021

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The learned Government Advocate (Crl.Side) would submit that the petitioner and the injured/defacto complainant are the brothers. Earlier anticipatory bail application in Crl.OP(MD). No.16039 was dismissed on 30.12.2020. Now, the injured was discharged from the hospital.

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6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukottai, 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 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 10.30 a.m., for 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 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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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/-

01/02/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court, https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.

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CRL OP(MD). No.1071 of 2021

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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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THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

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DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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THE INSPECTOR OF POLICE, ADIRAMAPTTINAM POLICE STATION, THANJAVUR DISTRICT.

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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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DSS

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MS/VR/SAR-1/04.02.2021/3P.5C

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

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Rajkumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Rajkumar v. The Inspector of Police

Case brief

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