Kavitha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 19/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8357 of 2019 1.Kavitha 2.Selvam 3.Srinivasan 4.Natarajan ... Petitioners/Accused No.1 to 4 Vs The State represented by The Inspector of Police, Srirangam (L&O) Police Station Trichy City Crime No.272 of 2019. ... Respondent/Complainant For Petitioners : M/s.M.Pitchaimuthu, Advocate.
For Respondent : V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For anticipatory bail in Crime No.272 of 2019 on the file of the respondent police.
ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC r/w. Section 4 of Women Harassment Act, seek anticipatory bail.
2. Heard both sides.
3.The learned counsel appearing for the petitioners has submitted that the petitioners have been falsely implicated in the above case. He further submitted that the injured person has sustained only simple injuries and he was already discharged from the hospital and hence, he prayed to grant of anticipatory bail to the petitioners.
4.The learned Government Advocate(Crl.Side) appearing for the respondent has submitted that due to money dispute, the petitioners abused the defacto complainant and threatened him dire consequences. Hence he opposed for granting anticipatory to the petitioner. However he fairly conceded that the injured persons has sustained simple injuries and he was discharged from the hospital. 5.Taking into consideration the fact that the injured persons sustained only simple injuries and also discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 Additional Mahila Court (Magistrate Level), Trichy, Trichy District 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) If the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.
(ii) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioners shall not abscond either during investigation or trial.
(v) 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.The Additional Mahila Court(Magistrate Level) Trichy, Trichy District.
2.The Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Srirangam (L&O) Police Station Trichy City 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.PITCHAI MUTHU, Advocate ( SR-10265[I] dated 21/06/2019 )
ORDER
IN CRL OP(MD) No.8357 of 2019 Date : 19/06/2019 aav TK/PN/SAR.2/25.06.2019/3P/6C