Madras High CourtCRL OP(MD)/728/2023ordered

M.Sasikumar v. The Inspector Of Police

2023-01-20Honourable Mr Justice A.D.Jagadish Chandira3 pages

BBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

1. M.Sasikumar

2. Sathya ... Petitioners/Accused No: 1&2 Vs The State rep.by, The Inspector of Police, Usilampatti Town Police Station, Madurai District.

(Crime No.7 of 2023). ... Respondent/Complainant Naveena ... Petitioner/De-facto- Complainant in Crl MP(MD) No.939 of 2023 For Petitioners : M/s.Chandrasekar.P For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) For Intervenor : Mr.N.Marimuthu, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.07 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 427, 506(ii) of I.P.C, in Crime No.7 of 2023, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that there was a dispute between the parties, on account of parking of a cycle. On 06.01.2023, at 06.00 a.m., the 1/3

accused persons abused and assaulted the defacto complainant and her husband and also criminally intimidated them. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against them, since there was a petty dispute between the parties. The first accused is none other than the brother of defacto complainant's husband. The injured has been discharged from the hospital. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that in this case, though the injured has been discharged from the hospital, the accused persons abused and assaulted the defacto complainant and her husband. Hence, prays to dismiss the petition. 5.The learned counsel for the intervenor submitted that the first petitioner and the defacto complainant's husband are brothers and the accused persons used to abused and assaulted the defacto complainant's family members and still tension prevails in the occurrence spot. Hence, prays to dismiss the petition. 6.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7.

Taking into consideration the facts and circumstances of the case and considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 8.Accordingly, this Criminal Original Petition is allowed and 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, Usilampatti, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall stay at Sivagangai and report before the Sivagangai Town Police daily at 10:30 a.m., until further orders;

(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; 2/3

(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;

(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 20/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI.

2 -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.CHANDRASEKAR.P Advocate SR.No.1037(D) COPY TO:

THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

ORDER

IN CRL OP(MD) No.728 of 2023 Date :20/01/2023 VA/BUC/SAR-4/01.02.2023/3P/7C 3/3