Thavasi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 THAVASI 2 KALEESWARI 3 B.KARUNAKARAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.
CRIME NO.NOT KNOWN OF 2024. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.MURUGAN R Advocate For Respondent : MR.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NO.NOT KNOWN OF 2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for 1/5
the alleged offence under Sections 294(b), 323, 324, 353 and 506(ii) IPC, in Crime No.not known of 2023, seek anticipatory bail. 2.The case of the prosecution is that on 06.01.2024, the defacto complainant went to arrest one Rajeshwari in connection with Crime No.7 of 2023 on the file of the District Crime Branch Police Station, Madurai District. During that time, the petitioners have abused the defacto complainant and assaulted her. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that after filing of this petition, F.I.R.No.4 of 2024 was registered for the offence punishable under Sections 294(b), 353 and 506(1) IPC. He would further submit that the defacto complainant was prevented from discharging her duty and was assaulted by the petitioners. He would further submit that this Court may direct the petitioners to appear before the Inspector of Police, District Crime 2/5
Branch, Madurai District.
5. Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are granted anticipatory bail and they 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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:
(a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank 3/5
pass Book to ensure their identity;
(c)the petitioners shall report before the Inspector of Police, District Crime Branch, Madurai, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial; (f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
sd/- 11/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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SSB TO THE JUDICIAL MAGISTRATE, THIRUMANGALAM.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, MADURAI.
+1 CC to M/s.R.MURUGAN, Advocate ( SR-563[I] dated 11/01/2024 )
ORDER
IN Date :11/01/2024 PKP/DD/SAR /23.01.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5