Jayalingam, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2214 of 2019 1 JAYALINGAM, 2 SHANMUGANATHAN ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE REP.BY, THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, IN CRIME NO.10/2019 ... RESPONDENT/COMPLAINANT For Petitioners : MR.V.MALAIYENDRAN, Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government 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 under Section 294(b), 323, 324 and 506(ii) of IPC, in Cr.No.10 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to family dispute, the petitioners attacked the defacto complainant's sister and him and abused him in filthy language. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. It was the civil dispute and the same was given criminal colour. Accordingly, he prayed for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the injured person in this case has been discharged from the hospital and the investigation is still pending. 5.Considering the facts and circumstances of this case and

considering the fact that the injured person discharged from the hospital, 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, Tiruchendur, 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 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 learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENDUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,

3 THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.V.MALAIYENDRAN Advocate SR.No.2932

ORDER

IN CRL OP(MD) No.2214 of 2019 Date :12/02/2019 TM PK/PN/SAR-1/15.02.2019 : 3P/6C