Vijayakumari @ Kattakaruppi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Vijayakumari @ Kattakaruppi

2. Amsavalli

3. Guruvammal

4. Pandiyarajan ... Petitioners/Accused Nos.1 to 4 Vs

1. The State Rep. By, The Inspector of Police, Ammapettai Police Station, Irukankudi, Virudhunagar District.

(Cr.No. 6 of 2022). ... Respondent/Complainant

2. Kasthuri ... Respondent/Defacto Complainant For Petitioner : M/s.Karuppasamy Pandiyan G, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) For Intervenor : Mr.P.Saravanakumar PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.6 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324, 342 and 506(ii) IPC, in Crime No.6 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there was a dispute between the parties regarding watering of agricultural field, due to which, the petitioners abused the defacto complainant in filthy language and attacked him with spade and also caused injuries. Hence the complaint.

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3.When the matter was taken up for hearing on 01.03.2022, the learned counsel for the petitioners submitted that even after discharging from the hospital on 01.03.2022, purposely, the victim got admitted in the hospital and this Court directed the respondent police to get a report from the hospital.

4.When the matter is taken up for hearing today, the learned Government Advocate (Crl. side) would submit that the injured was discharged from the hospital.

5.The learned counsel for the intervenor would submit that the injured was discharged from the hospital.

6.Considering the fact that there existed dispute between the parties regarding watering of agricultural fields and also the facts that the injured was discharged from the hospital and that except the offence under Section 506(ii) of IPC, all other offences are bailable in nature, 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 their 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 No.II, Sattur, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners 1 to 3 shall report before the respondent police as and when required for interrogation; and the fourth 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.

(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 thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/03/2022 / TRUE COPY / / /2022 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.II, SATTUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, IRUKANKUDI, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.3713 of 2022 Date :08/03/2022 USK/PN/SAR-I/16.03.2022/3P/5C 3/3