Gandhi 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

1. Gandhi,

2. Revathi, ... Petitioners/Accused Nos. 1 & 2 Vs The State Rep. by, The Inspector of Police, Palanichettypatti Police Station, Theni District.

Cr.No.55/2022.

... Respondent/Complainant For Petitioners: Mr.R.Murugan,Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 55 of 2022 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 294(b), 324, 506(ii) & 109 IPC, in Crime No.55 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there existed land dispute between the parties, that on 06.02.2022 at about 03.00PM, when the defacto complainant was working in the field, the first petitioner is said to have taken the photo, scolded him with filthy languages and by showing his knife, threatened him. When the defacto complainant was running, the first petitioner said to have chased him in his two wheeler and the defacto complainant fell down and sustained injuries. Hence, the complaint. 1/3

3.The learned counsel for the petitioners would submit that the petitioners are innocents and not committed any offence alleged by the prosecution. Hence, prays for anticipatory bail for the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that there was land dispute between the parties and investigation is not yet completed. 5.Considering the above facts and circumstances of this case and also the facts that there existed land dispute between the parties, that the injured was discharged from the hospital and that except the offence under Section 506(ii) IPC, all other offences are bailable in nature, 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, Theni, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the first petitioner 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 and the second petitioner 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;

(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 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; 2/3

(f)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.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 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, THENI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE INSPECTOR OF POLICE, PALANICHETTYPATTI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2906 of 2022 Date :10/02/2022 PKP/VR/SAR-1/16.02.2022/3P/5C 3/3