M. Periyakaruppan v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1024 of 2019 1 M. PERIYAKARUPPAN 2 P. MANJULA 3 T. MURUGAN 4 C. PANDI 5 S.MURUGESHWARI ... PETITIONER / ACCUSED No. 2,3,4,5 & 7 Vs STATE REP. BY, THE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, DINDIGUL DISTRICT, CRIME NO.53/2019 ... RESPONDENT / COMPLAINANT For Petitioners : MR.A.CHANDRAKUMAR Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323 & 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Cr.No.53 of 2019, seek anticipatory bail.
2. The case of the prosecution is that on 19.01.2019, the de facto complainant namely one Easwari lodged a complaint against the petitioners stating all the petitioners herein assaulted her using their hands and caused simple injury due to previous enmity.
3. The learned counsel for the petitioners would submit that a false case has been foisted against the petitioners and also submitted that they have not involved in the alleged occurrence.
4. The learned Government Advocate(Crl.Side) would submit that the injured had been discharged from the hospital.
5. Taking into consideration the facts of the case and the submissions by learned counsels and that the injured has been discharged from the hospital, this Court inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate-II, Dindigul 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[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 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 abscond, a fresh FIR can be registered under Section 229-A IPC sd/- 24/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO II DINDIGUL 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE, TOWN POLICE STATION, DINDIGUL DISTRICT,
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.A.CHANDRAKUMAR Advocate SR.No. 1557
ORDER
IN CRL OP(MD) No.1024 of 2019 Date :24/01/2019 MSI/VR/SAR-III/01.02.2019-3P/6C