Arunachalam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.893 of 2021

1. Arunachalam

2. Premkumar

3. Vinothkumar

4. Saranya @ Suganya

5. Amalanathan

6. Jeyabalan

7. Dinakaran

8. Ilavarasan

9. Anbkkarasi @ Anbarasi

10. Alagu @ Siva Gnanasundari

11. Visalakshi

12. Ambiga

13. Malarvizhi ... Petitioners/Accused Nos. 1 to 13 Vs The State Rep. by The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

Crime No.4 of 2021 ... Respondent/Complainant For Petitioners : Mr.Rajamohan.R, Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) For Intervener : Mr.M.Murugesan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 of 2021 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 the offences punishable under Sections 147, 294(b), 323, 506(ii), 379 IPC r/w Section 4 of TNPWH Act in Crime No.4 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there is a dispute arose between two groups of village people in "Manju Virattu" programme with regard to "Muthal Mariyathai", which resulted group clash between the villagers. Hence, the present complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that there is a counter case is pending as against the defacto complainant and investigation is pending in both cases. Hence, he opposed to grant anticipatory bail to the petitioners.

5.Considering the above facts and circumstances of the case and considering the fact that custodial interrogation is not necessary in this case, 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 their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Singampunari, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(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 1, 2, 3, 5, 6, 7, 8 shall stay at Thanjavur and appear before the Thanjavur Town Police Station daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required and the petitioners 4, 9, 10, 11, 12, 13 shall appear before the respondent police as and when required for interrogation; (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]; and;

(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, SINGAMPUNARI, SIVAGANGAI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, S.S.KOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

COPY TO:- THE INSPECTOR OF POLICE, THANJAVUR TOWN POLICE STATION, THANJAVUR.

+1 CC to M/s.R.RAJA MOHAN, Advocate ( SR-547[I] dated 29/01/2021 ) ORDER IN CRL OP(MD) No.893 of 2021 Date :27/01/2021 GNS TE/JC/SAR-I : 03/02/2021 : 3P/7C