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Senthilkumar v. The Inspector of Police

Madras HC17 Jun 2021CRL OP(MD)/6199/2021

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner in a criminal complaint involving offences like insulting women and grievous hurt. The court considered the bailable nature of most charges and the discharge of the injured.

What did the court decide?

Petitioner released on bail with a bond of Rs.10,000 and two sureties, subject to daily reporting to police and prohibitions against tampering with evidence or absconding.

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

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CRL OP(MD)No.6199 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 17/06/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD)No.6199 of 2021

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Senthilkumar ... Petitioners/Accused No.4

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State rep by The Inspector of Police, Somarasampet Police Station, Trichy District. (Crime No.215 of 2021) ... Respondent/Complainant

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For Petitioner : M/s.Jegadeeswaran.R., Advocate.

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

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

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For Anticipatory bail in crime no.215 of 2021 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 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506(i) IPC in Crime No.215 of 2021, seeks anticipatory bail.

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2.The case of the prosecution is that on 19.04.2021, at about 07.00 pm., when the defacto complainant along with his friends were talking in near to his brother's petty shop, the accused came there in two wheeler and scolded the defacto complainant about his brother with some obscene words and therefore, the defacto complainant told them to talk with some respect. Therefore, Senthilkumar, Suresh caught hold him and one Loganathan attacked him with electricity https://hcservices.ecourts.gov.in/hcservices/ fuse. Hence, the complaint.

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CRL OP(MD)No.6199 of 2021

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed. He further submitted that there is a case in counter in crime No.216 of 2021 for the offence punishable under Sections 147, 294(b), 506(ii) IPC and the same is pending.

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5.Taking note of the pendency of this case and case in counter and the fact that injured has been discharged from the hospital and also the fact that except offence under Section 506(i) IPC, other offences are bailable, this Court is inclined to grant anticipatory bail to the petitioner.

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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 of receipt of a copy of this order, before the learned Judicial Magistrate Court No.V, Trichy, 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 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 respondent police daily at 10.30 am., until further orders.

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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].

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

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CRL OP(MD)No.6199 of 2021

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[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/17/06/2021 / TRUE COPY /

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/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. GNS 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.V, TRICHY DISTRICT. 2 DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, SOMARASAMPET POLICE STSTION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CRL OP(MD) No.6199 of 2021 Date :17/06/2021

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KM:RSK:SAR1(22.06.2021) 3P 5C

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

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Senthilkumar v. The Inspector of Police

Case brief

What is this about?

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Senthilkumar v. The Inspector of Police

Case brief

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