Tamilselvan, S/O.Ramasamy v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirty First day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1602 of 2019 1.TAMILSELVAN, 2 RAMAMOORTHY, 3 SELVENDHIRAN, 4 CHELLAMMAL, ... PETITIONERS / ACCUSED 1 TO 4 Vs THS STATE BY THE INSPECTOR OF POLICE, R.S.MANGALAM POLICE STATION, RAMNAD DISTRICT.

(CRIMENO.13 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.D.VENKATESH 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 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 341, 427 and 506(i) of I.P.C, in Crime No.13 of 2019, seek anticipatory bail.

2.The case of the prosecution is that there was a family dispute between the petitioners and the defacto complainant. Due to which, the petitioners waylaid the defacto complainant, broke the defacto complaint's car window and assaulted him with hands and sticks and threatened with dire consequences. Hence a case has been registered.

3.The learned counsel for the petitioners would submit that the defacto complainant is the wife of the fourth petitioner. They have not committed any offence as alleged by the prosecution. The petitioners lodged a complaint against the defacto complainant, a case has been registered in Crime No.11 of 2019. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) for the respondent would submit that the injured had been discharged from the hospital.

5.Considering the facts and circumstances of the case and that this case in counter case, this Court is 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvadanai, 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] the petitioners shall report before the respondent police as and when required for interrogation.

[b] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[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 petitioner 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/- 31/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI 2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, R.S.MANGALAM POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to Mr.D.VENKATESH Advocate SR.No.2283

ORDER

IN CRL OP(MD) No.1602 of 2019 Date :31/01/2019 Ls AE/JC/SAR2/05.02.2019/3P/6C