Jegan @ Jeganathan 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.4961 of 2019 1 JEGAN @ JEGANATHAN 2 RAJESWARI 3 SENTHIL @ SENTHILKUMAR 4 A. MALATHI @ BALAMALATHY ... PETITIONERS / ACCUSED No.1 to 4 Vs THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMNAD DISTRICT.
Crime No.96 of 2019 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.K.RADHAKRISHNAN 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, 294 (b) and 323 of IPC and Section 4 of Women Harassment Act in Crime No.96 of 2019 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to money dispute, the petitioners abused the defacto complainant using filthy language and also assaulted the defacto complainant with hands. Thereby, the defacto complainant sustained injuries and was 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. 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Ramanathapuram, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners 1 and 3 shall report before the respondent police daily at 10.30 a.m.,until further orders and the petitioners 2 and 4 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/- 02/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO II, RAMANATHAPURAM.
2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3.THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMNAD DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.K.RADHAKRISHNAN Advocate SR.No.5941
ORDER
IN CRL OP(MD) No.4961 of 2019 Date :02/04/2019 TK/MMS/SAR-2/04.04.2019/3P/6C