Sakthivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

1. Sakthivel

2. Jeevanantham ... Petitioners/Accused Nos. 2 & 7 Vs State Rep.by The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

(Crime No.17/2023). ... Respondent/Complainant For Petitioner : M/s.Karunakaran K M,Advocate For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.17/2023 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, 341, 294(b), 324 and 506(ii) IPC in Crime No.17 of 2023 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution as per the de-facto complainant is that due to previous enmity, the petitioners abused and attacked the defacto complainant and his friends and threatened with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and a false complaint has been given. He would also submit that a counter case in Crime No.18 of 1/3

2023 has been registered against the defacto complainant's party. The co-accused have already been enlarged on anticipatory bail. He prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (crl.side) would submit that there was previous enmity between the parties and the petitioners have attacked the defacto complainant and abused with filthy language and threatened with dire consequences. He would further submit that the injured has been discharged from the hospital. He opposes to grant anticipatory bail to the petitioners. 5.Heard and perused the materials available on record. Taking into consideration the facts and circumstances of the case and the co-accused have already been enlarged on bail, 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 on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pattukottai, on condition that the petitioners shall execute 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, failing which, the petition for anticipatory bail shall stand dismissed 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 everyday at 10.30 a.m for a period of 4 weeks and thereafter every Saturday 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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 07/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE PATTUKOTTAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT @ KUMBAKONAM.

3 THE INSPECTOR OF POLICE ADIRAMAPATTINAM POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.K.M..KARUNAKARAN, Advocate (SR-1928[I] dated 07/02/2023

ORDER

IN CRL OP(MD) No.2403 of 2023 Date :07/02/2023 PKP/VR/SAR-2/13.02.2023/3P/6C 3/3