Periyamadhu v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6437 of 2025 1.Periyamadhu 2.M.Vasanth 3.Lakshmi 4.Muniya Goundar .. Petitioners Vs.
State Represented by The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
(Crime No.23 of 2022) .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in P.R.C.No.8 of 2024 in Crime No.23 of 2022 on the file of the District Munsif cum Judicial Magistrate, Pennagaram, Dharmapuri District.
For Petitioners : M/s.S.Thankira For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side) Page No.1 of 6
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 147, 294(b), 341, 323, 324, 506(ii), 427, 354, 307 of IPC, 1860 in Crime No.23 of 2022, seek anticipatory bail.
2.
The case of the prosecution is that due to previous enmity a wordy quarrel arose between the petitioners and the defacto complainant; that the petitioners damaged the vehicles and household articles worth about Rs.2,00,000/- and caused injury to the defacto complainant. Hence, the complaint was registered.
3.
The learned counsel appearing for the petitioners submitted that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioners 4.
The learned Government Advocate (Crl. Side) appearing for the Page No.2 of 6
respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that the petitioners had earlier obtained anticipatory bail in Crl.O.P.No.30652 of 2022 dated 15.12.2022 and however, they had not executed the sureties. He further submitted that the respondent had filed the final report and the case is pending in P.R.C.No.08 of 2024on the file the District Munsif cum Judicial Magistrate, Pennagaram, Dharmapuri District.
5.
Though this Court had earlier granted anticipatory bail to the petitioners, the petitioners had not executed the sureties as directed by this Court, and the respondent has not arrested the petitioners so far. It is seen from the earlier anticipatory bail application granted by this Court on 15.12.2022 that 'the petitioners were directed to deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) each to the credit of Crime No.23 of 2022 before the concerned Magistrate within a period of fifteen (15) days and the defacto complainant was permitted to withdraw the said deposit amount of Rs.40,000/- on proper identification and acknowledgment'. Page No.3 of 6
6.
Since the petitioners have not complied with the conditions as directed by this Court, this second anticipatory bail application is not maintainable. Hence, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly, this petition is dismissed. However, the petitioners shall appear before the District Munsif cum Judicial Magistrate, Pennagaram, Dharmapuri District, and execute a bond in terms of Section 88 of Cr.P.C and continue to appear before the Trial Court on all hearing dates. The petitioners shall also deposit Rs.10,000/- (Rupees Ten Thousand only) each to the credit of Crime No.23 of 2022 as directed by this Court in Crl.O.P.No.30652 of 2022 dated 15.12.2022, and the defacto complainant is permitted to withdraw the said deposit amount on proper identification and acknowledgment.
12.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6
To 1.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
2.The District Munsif cum Judicial Magistrate, Pennagaram, Dharmapuri District.
4.The Public Prosecutor, Madras High Court, Chennai.
Page No.5 of 6
SUNDER MOHAN , J.
dpa Crl.O.P.No.6437 of 2025 12.03.2025 Page No.6 of 6