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Vishnu v. The Inspector of Police

Madras HC13 Jul 2021CRL OP(MD)/8849/2021

Case brief

AI extract

What is this about?

In this petition under Section 438 Cr.P.C., the petitioner sought anticipatory bail in a criminal case involving allegations of assault and use of weapons. The Court, noting the discharge of the injured and the bailable nature of most charges, granted bail subject to specific reporting and non-interference conditions.

What did the court decide?

The petitioner is ordered to be released on bail upon arrest or appearance within 15 days, subject to executing a bond and adhering to conditions including daily reporting, avoiding tampering with evi

Vishnu Vs The Inspector of Police — Bail and Remand | Madras HC (2021)

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CRL OP(MD). No.8849 of 2021

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

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Date : 13/07/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.8849 of 2021

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Vishnu

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... Petitioner/Accused No.7

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Vs State Rep.by The Inspector of Police, Manamadurai Police Station, Sivagangai District. Crime No.334 of 2021.

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... Respondent/Complainant

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For Petitioner : Mr.G.Bhagavath Singh,

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Advocate. For Respondent : Mr.M.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 :- For Anticipatory Bail in Crime No.334 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/A7, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,294(b),427,307,506(ii) of IPC, in Crime No.334 of 2021 seeks anticipatory bail.

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2.The case of the prosecution is that on 14.06.2021 at about 05.00 pm., when the children of the defacto complainant were playing in front of the house the accused in this case drove the two wheeler in a rash manner as if to dash against the children who were playing. The uncle of the defacto complainant and others scolded the accused persons for their rash driving. On 15.06.2021 at about 7.00 pm., all the accused in this case had come with aruval and said that they had come to kill Anandharaj. Since he was not there they left the place. Again on 16.06.2021 at about 5.00 p.m., the accused persons came with aruval scolded him in filthy language and also attacked Ariyasamy and caused injuries. Therefore, this case came to be registered.

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

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CRL OP(MD). No.8849 of 2021

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

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4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is not yet completed. However he fairly concedes that the injured has been discharged from the hospital.

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5.Taking into consideration the facts and circumstances of the case and the fact that the injured has been discharged from the hospital and also the fact that except 307 and 506 (ii) of IPC, all other offences are bailable offences and also taking into consideration the age of the petitioner and the allegation that he is one of the accused who attacked the victim and the fact that there is no specific overt act alleged against him, 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, Manamadurai 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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CRL OP(MD). No.8849 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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/ TRUE COPY /

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/ /2021 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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THE JUDICIAL MAGISTRATE, MANAMADURAI. 2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

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

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ORDER IN CRL OP(MD) No.8849 of 2021 Date :13/07/2021 AAV

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MS/AKM/SAR-3/15.07.2021/3P.5C

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

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Vishnu v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Vishnu v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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