Meyyappan v. The Sub 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. Meyyappan
2. Ramya
3. Rajmohan
4. Muthukrishnan ... Petitioners/Accused Nos.1 to 4 Vs The State rep.by, The Sub Inspector of Police, Arimalam Police Station, Pudukkottai District (Crime No. 26 of 2022).
... Respondent/Complainant Muthu ... Petitioner / Defacto Complainant In Crl MP(MD)No.3066 of 2022 For Petitioner : Mr.A.Balaji, Advocate.
For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) For Intervenor : Mr.D.Rameshkumar, Advocate.
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.26 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, 336 and 506(ii) IPC, in Crime No.26 of 2022, seek anticipatory bail.
2.The case of the prosecution is that due to pathway dispute between the parties, the petitioners abused the de-facto complainant in filthy language and attacked him. Hence the complaint. 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 22.02.2022, purposely, the victim 1/3
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 pathway dispute between the parties and also the fact 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 Court, Thirumayam, 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 petitioners 1, 3 and 4 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 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 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, THIRUMAYAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE ARIMALAM POLICE STATION, PUDUKKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3694 of 2022 Date :08/03/2022 sji MK/SBN/SAR.III/16.03.2022/3P/5C 3/3