Aadhamdeen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.680 of 2022
1. Aadhamdeen
2. R.Navaneetha Krishnan
3. Manikandan ... Petitioners/Accused No.1 to 3 Vs State rep.by The Inspector of Police, Ariyamangalam Police Station, Trichy District.
(Crime No.21 of 2022). ... Respondent/Complainant For Petitioners : M/s.Haroon Rasheed D.S., Advocate. For Respondent : M/s.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.21 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 341, 323, 427 and 506(ii) I.P.C, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and other accused said to have waylaid the defacto complainant and abused him with filthy language and assaulted him and also criminally intimidated him. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case.
4. The learned Additional Public Prosecutor for the respondent police submitted that there is a wordy quarrel between the parties and the petitioners and the defacto complainant are residing in the same village. He further submitted that the first petitioner/A1 is having one previous case and second petitioner/A3 is having nine previous cases. The third petitioner / A4 is having four previous case, which are all disposed of.
5. Considering the previous antecedents of the the first petitioner/A2, who is having one previous cases, and the second petitioner/A2, who is having nine previous cases, this Court is not inclined to grant anticipatory bail to the first and second petitioner / A1 and A2. Hence, this petition is dismissed in so far as the first and second petitioner/ A1 and A2 are concerned.
6. Considering the facts and circumstances of the case and considering the nature of offence, this Court is inclined to grant anticipatory bail to the third petitioner/A3 with certain conditions.
7. Accordingly, this Criminal Original Petition is allowed and the third petitioner / A3 is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.VI, Trichy, on condition that the third petitioner / A3 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 learned Magistrate concerned. Due to COVID-19 pandemic situation, the third petitioner / A3 shall appear before the respondent police once in a month i.e., on first Monday of every English Calender Month at 10.30 a.m., until further orders. The third petitioner / A3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
8. The third petitioner / A3 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
Sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
LS
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.VI, TRICHY.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.680 of 2022 Date :12/01/2022 SP/PN/SAR I/18/02/2022/3P/5C