Pushpa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Puspha

2. Perumal

3. Kalimuthu

4. Shanmugam @ Shanmugavel

5. Malaichamy

6. Sundaram

7. Vellachamy ... Petitioners/Accused No.4,9,10,11, 12,13 & 14 Vs State Rep.by The Inspector of Police, Keela Paralachi Police Station, Virudhunagar District (Crime No.05 of 2022). ... Respondent/Complainant For Petitioner : Mr.S.Ramsundarvijayraj, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 5 of 2022 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, 448, 294(b), 324, 354, 342, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.05 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the daughter of first accused, has eloped with the son of the defacto complainant. For that reason, the family of the girl said to have attacked the 1/3

defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the injured was discharged from the hospital, that the co-accused were already enlarged on bail by this Court and that the petitioners are not having any previous case.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is not yet completed, that the injured was discharged from the hospital and that the petitioners are not having any previous case. 5.Considering the facts and circumstances of the case and also the facts that the injured was discharged from the hospital, that except the offence under Section 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, all other offences are bailable in nature, that the co-accused were already enlarged on bail and that the petitioners are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners with certain 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, Aruppukottai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (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 10.30a.m., for period of one month and thereafter 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 2/3

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/- 08/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, ARUPPUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE KEELA PARALACHI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.RAMSUNDARVIJAYARAJ, Advocate ( SR-880[I] dated 08/02/2022 )

ORDER

IN CRL OP(MD) No.2613 of 2022 Date :08/02/2022 RS/SBN/SAR.4(15.02.2022) 3P-6C 3/3