Yesudass v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4934 of 2019 1 YESUDASS 2 AMALA IRUTHAYA MUTHU 3 PALRAJ 4 RAJA 5 ANBALAGAN 6 DINESH ... PETITIONERS / ACCUSED 1 TO 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TIRUCHENDUR POLICE STATION TIRUCHENDUR,THOOTHUKUDI DISTRICT.
(CRIME NO.64 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.N.PRAGALATHAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI 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 offences under Sections 147, 427, 435 and 506(i) of IPC in Crime No.64 of 2019 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to church administration dispute, the petitioners and other accused attacked the defacto complainant and associates with deadly weapons. Thereby, the defacto complainant and associates sustained injuries and were admitted in hospital. On the basis of the complaint lodged by the defacto complainant, the respondent police registered a case against the petitioners.
3.The learned counsel appearing for the petitioners would submit that they are innocent persons and due to previous enmity, a false complaint has been given against them. It is a case in counter and on a complaint given by the petitioners, a case was registered against the defacto complainant and associates. Therefore, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that injured has been discharged from the hospital. However, on a complaint given by the petitioners a case in counter has been registered against the defacto complainant. He would further submit that investigation is still pending. 5.Considering the facts and circumstances and considering the fact that the injured had been discharged from the hospital , 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 Judicial Magistrate Court, Tiruchendur, Thoothukudi District, on condition that the petitioners shall execute a bond for a sum of Rs.
(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 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/- 02/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE COURT, TIRUCHENDUR,THOOTHUKUDI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3 THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, TIRUCHENDUR THOOTHUKUDI DISTRICT.
4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to Mr.N.PRAGALATHAN Advocate SR.No.5999 PS/JC/SAR-4/08.04.2019/3P/6C
ORDER
IN CRL OP(MD) No.4934 of 2019 Date :02/04/2019