K.Rajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 K.RAJAN 2 V.SETHURAMAN ... PETITIONER/ACCUSED NOS.1 & 2 Vs THE INSPECTOR OF POLICE KOOMBUR POLICE STATION, DINDIGUL DISTRICT.

(*)CRIME NO.11/2024.

... RESPONDENT/COMPLAINANT (*)(AMENDED AS PER ORDER OF THE COURT DATED 26.02.2024 IN CRL.MP(MD)1644/24 IN CRL.OP (MD)1671/2024) JANSIRANI ... INTERVENING PETITIONER/DEFACTO COMPLAINANT /DEFACTO COMPLAINANT IN CRL MP(MD).1693/2024 IN CRL OP(MD).1671/2024 For Petitioners :

M/S.R.MATHIYALAGAN, Advocate For Respondent :

MR.S.MANIKANDAN, Government Advocate (Crl.Side) For Intervenor :

MR.B.PRAHALAD RAVI, Advocate PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.11/2024 ON THE FILE OF THE RESPONDENT POLICE.

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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 448, 294(b), 323, 506(i) and 379 (NP) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.11 of 2024, seek anticipatory bail.

2. The case of the prosecution is that 29.01.2024, the petitioners trespassed into the defacto complainant house and abused her in filthy language and also stolen cash of Rs.3 lakhs. 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 have been falsely implicated in this case. He further submitted that the petitioners and the defacto complainant are close relatives.

4. The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the injured has been discharged from the hospital. He further submitted that in respect of the dispute between the parties, civil suit is pending between the parties.

5. The learned counsel for the intervenor submitted that the stolen property has not been recovered so far.

6. Considering the facts and circumstances of the case and the fact that the 2/5

injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners.

7. Accordingly, the petitioners are granted anticipatory bail and they 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, Vedachandur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two common sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) the petitioners shall not tamper with evidence or witness either during 3/5

investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; (f) 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; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

sd/- 26/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE, VEDACHANDUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, KOOMBUR POLICE STATION, DINDIGUL DISTRICT.

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

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+1 CC to M/s.R.MATHIYALAGAN, Advocate ( SR-2401[I] dated 27/02/2024 ) +1 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-2426[I] dated 27/02/2024 )

ORDER

IN Date :26/02/2024 RS/GS/SAR-(13.03.2024) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5