Vimal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Vimal 2.Manikandan 3.Karuppaiah 4.Arjunan 5.Chellaiah ... Petitioners/Accused Rank not Known Vs State Rep.by, The Inspector of Police, Sakkottai Police Station, Sakkottai, Sivagangai District.

Crime No. 14 of 2021. ... Respondent/Complainant For Petitioner : Mr.K.Arunraj, 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.14 of 2021 on the file of the Respondent Police.

ORDER :The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 427, 379 and 506(ii) of IPC, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioners and the de-facto complainant, the petitioners said to have attacked the de-facto complainant and abused him with filthy language and also caused injuries. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that it is a counter case and the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that it is a counter case and the injured person in this case has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was also discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions: 6.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 Court, Karaikudi, 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/- 10/02/2021 / 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, KARAIKUDI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, SAKKOTTAI, SIVAGANGAI DISTRICT.

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

+1.CC to Mr.K.ARUNRAJ, Advocate SR.No.901

ORDER

IN CRL OP(MD) No.1915 of 2021 Date :10/02/2021 SJI PK/JC/SAR-III/17.02.2021 : 3P/6C 3/3