Alex @ Alex Pandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD)Nos.965 & 1038 of 2021 Crl.O.P.(MD)No.965 of 2021:

Alex @ Alex Pandian ... Petitioner/Accused No.2 Vs State Rep. by The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Tuticorin District.

(Crime No.1166/2020).

... Respondent/Complainant For Petitioner : Mr.Raamakrishinan.KA, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) Crl.O.P.(MD)No.1038 of 2021:

David @ David Durairaj ... Petitioner/Accused No.3 Vs State Rep. by The Inspector of Police, Kovilpatti West Police Station, Thoothukudi.

Crime No. 1166/2020.

... Respondent/Complainant For Petitioner : Mr.Thalaimutharasu.G, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory bail in Crime No.1166 of 2020 on the file of the Respondent police.

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COMMON ORDER : The Court made the following common order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 392 IPC in Crime No.194 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant's son used to bring his friends to his house at odd hours, which was objected by the petitioners. Despite several warnings, the defacto complainant's son continued his act and hence, the the petitioners and other accused attacked the son of the defacto complainant. Hence, the present complainant.

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. He further submitted that the first accused in this case was arrested and released on bail. 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 the investigation is pending. 5.Considering the above facts and circumstances of the case and considering the fact that the co-accused was released on bail, 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 learned Judicial Magistrate No.I, No.II, respectively, Kovilpatti, Tuticorin District, 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 shall appear before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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

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(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/- 25/01/2021 / 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 NO.I, KOVILPATTI, TUTICORIN DISTRICT.

(IN CRL OP(MD)No. 1038 of 2021) 2 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, TUTICORIN DISTRICT.

(IN CRL OP(MD)No.965 of 2021) 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

4 THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, KOVILPATTI, TUTICORIN DISTRICT.

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

ORDER

IN CRL OP(MD)Nos.965 & 1038 of 2021 Date :25/01/2021 gns JM/VR/SAR II/01.02.2021/3P/6C 3/3