Vasanthi v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11315 of 2022 1 VASANTHI [ PETITIONERS / ACCUSED ] 2 T.PALANIYAPPAN 3 S.KATHIRVEL 4 CHITRA Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE PARAMATHI POLICE STATION, NAMAKKAL DISTRICT.
CRIME NO.57 OF 2022.
For Petitioner : M/S.DEEPANUDAY Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC in Crime No.57 of 2022, seek anticipatory bail.
2. The case of the prosecution is that on the occurrence day, the defacto complainant along with his brother and father went to the first accused's house and questioned regarding the love between the defacto complainant's cousin brother and the daughter of the first accused, but the first and second accused along with their relatives physically assaulted the defacto complainant and other family members and also threatened with criminal intimidation. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any
offence as alleged by the prosecution. He further submitted that originally the defacto complainant assaulted the petitioners for which, the petitioners lodged a complaint in Crime No.58 of 2022 as against the defacto complainant. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the petitioners are arrayed as A1, 2, 5 & 6. He further submitted that it is a case in counter and the victim discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that it is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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 on which the order copy made ready, before the learned Judicial Magistrate, Paramathi, Namakkal District, on condition that each of the petitioners shall execute a separate 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[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.
[b] the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 19/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, PARAMATHI, NAMAKKAL DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL DISTRICT[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE PARAMATHI POLICE STATION, NAMAKKAL DISTRICT.
+1 CC to M/S.DEEPANUDAY Advocate on payment of necessary charges SR.No. 7289 CRL OP.11315/2022 Date :19/05/2022 SP(19/05/2022)