Annamayil v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.02.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Annamayil 2.Muthumari ... Petitioners/Accused Rank Not Known Vs The State represented by The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

(Crime No.552 of 2021) ... Respondent/Complainant For Petitioners: Mr.T.Lenin Kumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.552 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 302 IPC, in Crime No.552 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner's son was murdered by the defacto complainant's younger son one Ajith Kumar, due to that, the petitioners and other accused had murdered the defacto complainant's son. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the first petitioner is the mother and the second petitioner is the wife of the first accused and that the petitioners have no connection 1/3

whatever with the alleged occurrence. He would further submit that since the first accused was arrayed as accused, the petitioners were also added as accused Nos.24 and 25.

4.The learned Additional Public Prosecutor would submit that there are 25 accused and the petitioners are accused Nos.24 and 25. He would further submit that the petitioners were not present at the time of occurrence and on the ground of conspiracy, they were implicated and that some of the accused were already released on bail.

5.Considering the above facts and circumstances and also considering the nature of charges levelled against the petitioners and taking note of the facts that the petitioners are not having any bad antecedents and that investigation might have been completed by this time, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions: 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or 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.I, Sivagangai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of thirty (30) days and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with the 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

2/3

(f)if the accused / petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 16/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 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.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, KALAIYARKOIL POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.380 of 2022 Date :16/02/2022 PKP/SBN/SAR-2/23.02.2022/3P/5C 3/3