Allowed

Sakthikumar v. The Inspector of Police

Madras HC7 Jul 2021CRL OP(MD)/8301/2021

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court considered a petition for anticipatory bail under Section 438 Cr.P.C. for alleged offences under IPC and TN Medicare Act. The court allowed the bail on conditions despite the lack of specific overt acts attributed to the petitioner beyond abusing language.

What did the court decide?

Petitioner granted anticipatory bail on conditions: execute bond with sureties, report daily to police, and not tamper with evidence or abscond.

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

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CRL OP(MD). No.8301 of 2021

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

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Date : 07/07/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.8301 of 2021

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Sakthikumar ... Petitioner/Accused No.5 Vs

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The State rep.by, The Inspector of Police, Medical College Hospital Police Station, Thanjavur District.

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In Crime No.170/2021. ... Respondent/Complainant

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For Petitioner : Mr.V.Ramamurthy, Advocate.

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

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

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PRAYER :-

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For Anticipatory Bail in Crime No.170 Of 2021 on the file of the respondent Police.

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ORDER : The Court made the following order :-

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Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324, 506(ii), 353 and 307 of IPC and Section 3 of the Tamil Nadu Medicare Service Persons & Medicare Service Institutions (Prevention of Violence & Damage or Loss to the Property) Act, 2008, in Crime No.170 of 2021 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

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2.The learned counsel for the petitioner would submit that this is the second anticipatory bail petition. Since dismissal of the earlier petition A1 to A4 were arrested and detained under Act.14 of 1982. He would further submit that the petitioner is innocent and he has been falsely implicated in this case.

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3.The learned Government Advocate (Crl.side) for the respondent would submit that A1 to A4 were arrested and detained under Act.14 of 1982. He would also submit that the investigation is almost completed.

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

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CRL OP(MD). No.8301 of 2021

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A perusal of the First Information shows that there is no specific overt act attributed against the petitioner except using abusing language.

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5.Taking into consideration the facts and circumstances of the case and the fact that the petitioner used only abusing language against the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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 No.II, 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 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., 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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[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/-

07/07/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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CRL OP(MD). No.8301 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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