Vijayan, 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.7380 of 2019 1 VIJAYAN 2 SINGARAYAR 3 SETHU VALLI 4 MARI NACHIYAR 5 SELVI 6 DEIVANAI 7 SHANTHI ... PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs THE STATE, THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMNAD DISTRICT.
(CRIME NO. 140 OF 2018) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.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 are apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 336 and 307 I.P.C and Section 3(1) of the TNPPDL Act, 1992, in Crime No.140 of 2018, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity between the petitioners and the de facto complainant, the petitioners assaulted the de facto complainant with knife and stick and caused injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case.
4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the injured has been discharged from the
hospital. She would also submit that co- accused in this case was granted anticipatory bail.
5.Considering the facts and circumstances of this case and also considering the fact that the injured has been discharged from the hospital and also considering the fact that co- accused in this case was granted anticipatory bail, 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 learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the first and second petitioners shall report before the respondent police daily at 10.30.am., until further orders and the petitioners 3 to 7 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; (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/- 22/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE,MUDUKULATHUR, RAMNAD DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMNAD DISTRICT 3.THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMNAD DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.VENKATESH Advocate SR.No.8763
ORDER
IN CRL OP(MD) No.7380 of 2019 Date :22/05/2019 DAS/AAV PK/JC/SAR-3/23.05.2019 : 3P/6C