Leema v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Leema 2.A.Amalraj 3.Prema 4.Gomathi ... Petitioners/Accused No.2 to 5 Vs State through, The Inspector of Police, Kodaikanal Police Station, Dindigul District.
Crime No.52/2021. ... Respondent/Complainant For Petitioners: Mr.L.Prabhu, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.52 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A2 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 341, 323 and 506(i) of IPC., in Crime No.52 of 2021, on the file of the respondent Police seek, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl.Side) appearing for the respondent.
3.The case of the prosecution is that due to civil dispute, the petitioners / A2 to A5 attacked the defacto complainant with wooden log. Hence the complaint.
4. The learned counsel for the petitioners would submit that 1/3
the petitioners are innocent and a false case has been foisted against them and civil dispute is pending between the petitioners and the defacto complainant.
5. The learned Government Advocate(Crl.Side) would submit that the petitioners are A2 to A5. A1 is the owner brother of the defacto complainant. It is purely a civil dispute and the injured has been discharged from the hospital.
6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that A1 and the defacto complainant are brothers and civil dispute is pending between the petitioners and the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kodaikanal, Dindigul 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 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/- 08/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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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, KODAIKANAL, 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3.THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.L.PRABHU, Advocate SR.No.867
ORDER
IN CRL OP(MD) No.1786 of 2021 Date :08/02/2021 MPK PK/SMA/SAR-IV/11.02.2021 : 3P/6C 3/3