Ramesh v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of May Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CRL OP(MD) No.7345 of 2019 1 RAMESH 2 KARUPPAIAH 3 KANNAN ... PETITIONERS/ACCUSED NO.1 to 3 Vs THE STATE BY, THE INSPECTOR OF POLICE, KEELATHOOVAL POLICE STATION, RAMNAD DISTRICT.

(IN CRIME NO.41/2019) ... RESPONDENT/COMPLAINANT For Petitioners : D.VENKATESH Advocate For Respondent : MRS.M.ANANTHADEVI, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehending arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 506(ii) I.P.C. and Section 4 of the TNPHW Act, in Cr.No.41 of 2019, on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that while the first petitioner's mother washing the dishes, the used water passing through the house of the defacto complainant and the same was questioned by the defacto complainant's wife, due to the same the petitioners abused and beaten the defacto complainant and his wife and also threatened with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that injured has already been discharged from the hospital and she would submit that investigation is pending.

5.Considering the facts and circumstances of the case and also the fact that injured has already 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 learned Judicial Magistrate, Mudukulathur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two 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)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/- 22/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MUDHUKULATHUR, RAMANTHAPURAM DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANTHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, KEELATHOOVAL POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to D.VENKATESH Advocate SR.No.8764

ORDER

IN CRL OP(MD) No.7345 of 2019 Date :22/05/2019 SJI/GNS PK/PN/SAR-1/23.05.2019 : 3P/6C