M.Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA M.Ganesan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Villur Police Station, Madurai District.

Crime No.1 of 2023.

... Respondent/Complainant For Petitioner : M/s.Ayyanar Prem Kumar.S, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 I.P.C and Section 4 of TNPWH Act, 2002, in Crime No.1 of 2023, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that there was a matrimonail dispute between the parties. On 08.01.2023, the accused/petitioner abused and assaulted the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioner submitted that there was a matrimonial dispute between the parties, over which, a false complaint has been foisted against him. The petitioner married the defacto complainant and they got 4 children. The petitioner has also sustained injuries. Hence, prays to release the petitioner on anticipatory bail.

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4.The learned Government Advocate (Crl.Side) submitted that there was a matrimonial dispute between the parties. In this case, though the injured has been discharged from the hospital and the investigation is not yet completed. Hence, prays to dismiss the petition.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the matrimonial dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned (*)Judicial Magistrate, Peraiyur, Madurai, on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the Kallikudi Police Station everyday at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law, as if the conditions have been imposed and the petitioner 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;

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[f] if the accused/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 19/01/2023 (*)Amended as per order of this Hon'ble Court in CRL MP(MD).3040/2023 in CRL OP (MD).926/2023 dated 22.02.2023 Time is extended by two weeks from the date of receipt of a copy of this order.

/ TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATHCED ON 06.02.2023 1 THE JUDICIAL MAGISTRATE NO.I, THIRUMANGALAM, MADURAI. 2 THE JUDICIAL MAGISTRATE, PERAIYUR, MADURAI. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 4 THE INSPECTOR OF POLICE, VILLUR POLICE STATION, MADURAI DISTRICT. 5 THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, MADURAI. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.AYYANAR PREM KUMAR.S, Advocate ( SR-2646[I] dated 22/02/2023 )

ORDER

IN CRL OP(MD) No.926 of 2023 Date :19/01/2023 RS/VR/SAR.4(01.02.2023) 3P-7C RS/MMS/SAR.2(07.03.2023) 3P-8C 3/3