Allowed

Vijayakumar v. the Inspector of Police

Madras HC13 Dec 2023CRL OP(MD)/14510/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner, a sole accused, via own bond on a sum of Rs.10,000, considering the offence non-heinous and the petitioner's community roots.

What did the court decide?

Petitioner released on own bond of Rs.10,000 with conditions to report to Magistrate, not tamper with evidence/witnesses, and not abscond. Police empowered to register fresh FIR under Sec 229A IPC if

Vijayakumar Vs the Inspector of Police — Anticipatory Bail | Madras HC (2023)

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CRL OP(MD). No.14510 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/12/2023 PRESENT

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The Hon`ble Mr.Justice V. SIVAGNANAM

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CRL OP(MD). No.14510 of 2023

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Vijayakumar

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... Petitioner/Sole Accused

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The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District. Crime No.221 of 2023. ... Respondent/Complainant

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For Petitioner : M/s.S.RAMAKRISHNAN,

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Advocate.

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For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor For Intervenor : Mr.P.GANAPATHI SUBRAMANIAM, Advocate

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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.221 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :-

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The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(i) and

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Sections 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.14510 of 2023

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in Crime No.221 of 2023 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that there is money dispute between the petitioner and the defacto complainant. In this regard, the petitioner threatended the defacto complainant. Hence, the case.

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3.The learned Counsel appearing for the petitioner would contend that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

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The learned Additional Public Prosecutor appearing for the respondent Police has strongly opposed to grant anticipatory bail to the petitioner, however, he would submit that no previous case is pending against the petitioner.

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Heard both sides and perused the materials available on record.

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Earlier, this matter was referred to the Mediation and the same was successful and completed. Therefore, considering the facts and circumstances of the case and taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994) 4 SCC 260 and taking into consideration the origin of crime, it is seen that the alleged offence against the petitioner is not a case of heinous crime. Further, the petitioner is https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.14510 of 2023

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having permanent resident at Trichy District. Hence, the principles stated in Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pretrial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, he can safely be released on his personal bond.

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7.In view of the above, this Court is inclined to grant anticipatory bail to the petitioner. 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Pudukkottai on condition that the petitioner shall execute a own bond for a sum of Rs.10,000/(Rupees Ten Thousand only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that :

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[a] the petitioner shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar Card or Bank Pass Book to ensure his identity.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.14510 of 2023

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[b] the petitioner shall report before the trial Court on summons.

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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

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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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/13/12/2023

/ TRUE COPY /

/12/2023

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

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1 THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI.