K.Ranijikanth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.K.Rajinikanth 2.K.Karuppiah 3.K.Nagarethinam @ Rethinam 4.R.Jenmarakini @ Jenmarakini Mary
...Petitioners
-vsThe State represented by The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.
(Cr.No.9 of 2023)
...Respondent
PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest by the respondent Police with respect to Cr.No.9 of 2023.
For Petitioners : Mr.K.Ramanathan For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) ****
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 341, 448, 294(b), 323, 324 and 506(i) of IPC and Section 4 of TNPHW Act in Crime No.9 of 2023 on the file of the respondent Police, seek anticipatory bail.
2.The case of the prosecution, as per the de-facto complainant, is that due to previous enmity, the accused persons have illegally entered into the house of the de-facto complainant and abused her in filthy language and attacked her with wooden log resulting in her sustaining injury and also threatened her with dire consequences. Hence, the complaint.
3.The learned Counsel for the petitioners would submit that the petitioners are innocents and a false complaint has been given. He would also submit that the petitioners have not committed any offence, as alleged by the prosecution and the petitioners are ready to abide by any stringent conditions, that may be imposed on them. He would further submit that the injured was treated as outpatient in a Government Hospital. Hence, he would seek for anticipatory bail to the petitioners.
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4.The learned Government Advocate (crl.side) would submit that due to previous enmity, the accused persons have illegally entered into the house of the de-facto complainant and abused her in filthy language and attacked her with wooden log resulting in her sustaining injury and also threatened her with dire consequence. He would also submit that the petitioners have no previous case pending against them. He would oppose for grant of anticipatory bail to the petitioners.
5.Heard the learned Counsel. Taking into consideration the facts and submissions and also on perusing the materials available on record including the F.I.R., this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District, on condition that the petitioners shall execute 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, failing which, the petition for anticipatory bail shall stand dismissed 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 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 everyday at 10.30 a.m., for a period of two weeks, thereafter every Saturday at 10.30 am 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]. 2/3
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 25/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE S.P.PATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.1418 of 2023 Date :25/01/2023 SS/ /SAR-I/04/02/2023/ 3P 5C 3/3