Rajapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4551 of 2019 1 RAJAPANDI 2 MARIMUTHU ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, AVUDAIYARKOVIL POLICE STATION, PUDUKOTTAI DISTRICT, Crime No. 16 of 2019 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.T.LENIN KUMAR Advocate For Respondent : Mr.A.ROBINSON 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 offence under Sections 294(b), 302 and 506(i) of IPC, in Cr.No.16 of 2019, on the file of the respondent police, seek anticipatory bail.

2.It is the case of the prosecution that the deceased person is an accused in earlier cases and he attempted to commit rape a girl child aged about 8 years namely Abinaya, for which the Law Enforcing Agency registered a case against him. The villagers condemned him. Thereafter, he ran away from his village. When the matter was enquired, the deceased persons returned back home. On 03.02.2019, when the defacto complainant along with his kith and kin were walking along with the street, one Koolu @ Kalidoss, who is the maternal uncle of Abinaya and one Kasiviswanathan attacked the deceased by using hands and abused him with filthy language and also threatened him with dire consequences. Later on, the deceased person relatives also attacked the deceased and he succumbed to the injury and died in the hospital. Hence the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that investigation is still pending. 5.Considering the facts and circumstances of the case the deceased already filling criminal cases. A1 and A2 are relatives, they were already assaulted and remanded to the judicial custody, this Court is inclined to grant anticipatory bail to the petitioners. 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, Aranthangi, on condition that the petitioners shall execute a bond for a sum of Rs.

(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/- 27/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ARANTHANGI.

2.THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3.THE INSPECTOR OF POLICE AVUDAIYARKOVIL POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1. CC to Mr.T.LENIN KUMAR Advocate SR.No.5619

ORDER

IN CRL OP(MD) No.4551 of 2019 Date :27/03/2019 TK/PN/SAR-2/29.03.2019/3P/6C