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A.Raja v. The Inspector of Police

Madras HC9 Jul 2021CRL OP(MD)/8681/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to petitioners facing charges of public nuisance, voluntarily causing hurt, insult, and criminal intimidation under Sections 294(b), 323, 341, and 506 IPC, noting the injured party was an out-patient.

What did the court decide?

Release on bail with conditions of daily reporting, execution of bond with sureties, and prohibition on tampering with evidence or absconding.

A.Raja Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 09/07/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.8681 of 2021

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1.A.Raja

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2.Ragunath ... Petitioners/Accused No.1 & 2

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State represented through The Inspector of Police, Annanagar Police Station, Madurai City.

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(Crime.No. 999 of 2021). ... Respondent/Complainant

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For Petitioners : Mr.Vijayaraja.J., Advocate. For Respondent : Mr.M.Muthumanikkam, Additional Public Prosecutor

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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. 999 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 petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 341 and 506(i) of I.P.C., in Crime No.999 of 2021 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the defacto complainant's son namely., Raja got Rs.10 Lakhs from him and the accused also cheated him. When the defacto complainant demanded the amount, that accused undertook to return the amount after his daughter's marriage. However, he did not repay the same. On 12.06.2021, when the defacto complainant went to Pulankulam towards his agriculture work, the accused waylaid him and attacked him. Therefore, the https://hcservices.ecourts.gov.in/hcservices/ present case came to be registered.

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3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

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4.The learned Additional Public Prosecutor opposed this petition on the ground that investigation is pending. He further submitted the injured was treated as out-patient.

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5.Considering facts and circumstance of the case and considering the fact that injured is treated as out-patient, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai City, on condition that the petitioners 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 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 petitioners 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 petitioners shall report before the respondent police, daily at 10.30 a.m., until further orders;

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioners 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];

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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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/ TRUE COPY /

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/ /2021

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

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

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IAS

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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 NO.VI, MADURAI CITY.

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DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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THE INSPECTOR OF POLICE, ANNANAGAR POLICE STATION, MADURAI CITY.

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THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.J.VIJAYARAJA, Advocate ( SR-4503[I] dated 12/07/2021 )

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ORDER

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CRL OP(MD) No.8681 of 2021

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Date : 09/07/2021

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VB/MNR/SAR.IV/13.07.2021/3P/6C

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

A.Raja v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

A.Raja v. The Inspector of Police

Case brief

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