Ramasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.1825 of 2023 1.Ramasamy 2.Nagavelraja 3.S.Sudalaimani

...Petitioner/Accused No.1 to 3

-vsThe State Rep.by The State represented by The Inspector of Police, Kadayam Police Station, Tenkasi District.

(Cr.No.365 of 2022)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest in connection with Cr.No.365 of 2022 on the file of the respondent Police.

For Petitioners : Mr.Mathavaselvam For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 323 and 324 of IPC in Crime No.365 of 2022 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that due to previous enmity, the petitioners have abused the defacto complainant in filthy language, attacked him and threatened him with dire consequences. Hence, the complaint. 3.The learned Counsel for the petitioners would submit that the petitioners are innocents and they have been falsely roped-in in this case. He would further submit that this is the second petition for anticipatory bail and the earlier petition in Crl.O.P.(MD)No.119 of 2023 was dismissed on the ground that the injured are still in hospital. However, he would submit that now the injured victims are discharged from hospital. He would also submit that the petitioners have no previous case pending against them and he would seek for anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.side) would submit that due to previous enmity, the petitioners have abused the de-facto complainant in filthy language, attacked him and threatened him with dire consequences. He would also submit that the petitioners have no previous case pending against them. However, he would oppose for grant of anticipatory bail to the petitioners. 5.Heard the learned Counsel. Taking into consideration the facts and submissions and also on perusing the materials available on record including the F.I.R., this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners 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 on which the order copy made ready, before the learned Judicial Magistrate, Ambasamudiram, Tenkasi District, on condition that the petitioners shall execute bond for a sum of Rs.

[a] the petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks, thereafter every Saturday at 10.30 am until further orders.

[c] the petitioners shall not tamper with 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 31/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, AMBASAMUDIRAM, TIRUNELVELI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE KADAYAM POLICE STATION, TENKASI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1825 of 2023 Date :31/01/2023 MGJ(04.02.2023) 3P 5C