Gandhi.P v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 P.GANTHI 2 G.AMARAVATHI 3 G.SANJAY ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT.

CRIME NO.482 OF 2023 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.D.S.HAROON RASHEED Advocate For Respondent : Mr.P.KOTTAICHAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO.482 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323 and 324 of IPC and Section 4 1/5

of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.482 of 2023, seek anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the parties during the temple festival, in which, the petitioners assaulted the defacto complainant. Hence, the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) submitted that the first petitioner is not arrayed as an accused in this case and as per the First Information Report, the second and third petitioner were arrayed as A1 and A2. He further submitted that during the temple festival, there was a wordy quarrel between the parties, in which, the petitioners attacked the defacto complainant and it is a case and case in counter. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

5.Since the first petitioner is not arrayed as an accused in this case, this petition is dismissed in respect of the first petitioner. 6.Considering the facts and circumstances of the case and also considering 2/5

the facts that it appears to be a civil dispute and it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions.

7.Accordingly, this Criminal Original Petition is partly allowed and the petitioners 2 and 3 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioners 2 and 3 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)if the petitioners 2 and 3 failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioners 2 and 3 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for 3/5

interrogation;

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

(e)the petitioners 2 and 3 shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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; (g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

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3 THE INSPECTOR OF POLICE VENGAMEDU POLICE STATION, KARUR DISTRICT.

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

ORDER

IN Date :19/01/2024 SA/DD/SAR. /23.01.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5