Chinnammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.2914 of 2022 1.Chinnammal 2.Jeyalakshmi 3.Suresh 4.Ravi ... Petitioners/Accused 1 to 4 Vs.

State Rep. by The Inspector of Police, Kottampatti Police Station, Madurai District.

(Cr.No. 10 of 2022).

... Respondent/Complainant For Petitioners: M/s.S.Balaji, Advocate.

For Respondent : M/s.M.Muthu Manikkam, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.10 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 447 and 506(i) IPC and Section 4 of TNPHW Act, in Crime No.10 of 2022, seek anticipatory bail. 2.The case of the prosecution is that there was some civil dispute between the parties, due to which, the petitioners along with other accused persons abused the defacto complainant and attacked him and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there was some civil dispute between the parties, due to which, the petitioners abused the defacto complainant in filthy language, attacked him and caused injuries. He would further submit that the injured was discharged from the hospital and the petitioners are not having any previous case.

5.Considering the facts and circumstances of the case and also the facts that there existed civil dispute between the parties, that the injured was discharged from the hospital, that except the offence under Section 506(i) IPC and Section 4 of TNPHW, all other offences are bailable in nature and also the fact that the petitioners are not having any bad antecedents as stated by the learned Government Advocate (Criminal Side), 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, Melur, 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 1st and 2nd petitioners shall report before the respondent police as and when required for interrogation. (c)the 3rd and 4th petitioners shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(d)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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 10/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

das 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, MELUR.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2914 of 2022 Date :10/02/2022 SP/SBN/SAR II/17/02/2022/3P/5C