Ajith @ Ajithkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR
1. Ajith @ Ajithkumar
2. Samayamuthu
3. Vanjith @ Vandhiyathevan ... Petitioners/Accused No.1 to 3 -VsState Rep.by The Inspector of Police, Manamadurai Police Station, Sivagangai District.
(In Crime No.5 of 2021) ... Respondent/Complainant For Petitioners: Mr.R.Balamuruganantham, Advocate.
For Respondent : Mr.M.Chandra Sekaran, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 5 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 to A3, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 448, 323 and 506(i) of IPC and Section 4 of TNPWH Act, in Crime No.5 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to family dispute, there was a wordy quarrel between the petitioners and the defacto complainant, in which, the petitioners said to have abused defacto complainant by using filthy language and also threatened her with dire consequences. Hence, the present complaint. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.
1/3
4.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 seek anticipatory bail.
5.The learned Government Advocate (Crl. Side), appearing for the respondent Police submitted that due to family dispute, the occurrence said to have taken place.
6.Considering the facts and circumstances of the case and also considering the fact that due to family dispute, the occurrence said to have taken place and except threat, there is no other serious allegation against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners shall draw a demand draft in favour of Dean, Government Medical College Hospital, Sivagangai for a sum of Rs.5,000/- (Rupees Five Thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of Demand Draft to Dean while executing sureties.
On acknowledgment of the same by the Dean, Government Medical College Hospital, Sivagangai, 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, Manamadurai, Sivagangai District, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report 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 2/3
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 absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 01/02/2021 / 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, MANAMADURAI, SIVAGANGAI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:
THE DEAN, GOVERNMENT MEDICAL COLLEGE HOSPITAL, SIVAGANGAI.
ORDER
IN CRL OP(MD) No.1109 of 2021 Date :01/02/2021 VSG MS/VR/SAR-3/08.02.2021/3P.6C 3/3