Koothayee v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR

1. Koothayee

2. Dinesh @ Dinesh Kumar ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Inspector of Police, Anna Nagar Police Station, Madurai City.

Crime No.216/2021.

... Respondent/Complainant C.Illavarasan ... Intervening Petitioner/ De-facto Complainant For Petitioners : Mr.S.Muniyandi, For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) For Intervenor : Mrs.M.Angalaeswari PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No. 216 of 2021 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, 324 and 506(ii) IPC in Crime No.216 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute between the parties with regard to the construction work carried by the petitioners, due to which, the petitioners abused the defacto complainant in filthy language and also tried to attack him. Hence, the complaint.

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3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4.The learned counsel appearing for the intervenor submitted that due to the construction work carried out by the petitioners, huge amount of dust deposited on the upstairs of the intervenor's house. Hence, he asked the petitioners to cover the construction area, at that time, they abused the intervenor. Hence, he opposed to grant anticipatory bail to the petitioners. 5.At this juncture, the learned counsel for the petitioner submitted that the petitioners put up cover all over the construction area in order to prevent spreading of the dust. He also produced the photographs of the construction area. 6.In view of the same, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall appear 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 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;

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(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 NO.VI, MADURAI.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.2643 of 2021 Date :12/03/2021 GNS AE/JC/SAR-II (22/03/2021) 3P / 5C 3/3