Mathavan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Mathavan

2. Thiruppathi ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by, The Sub Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

Crime No.41/2022.

... Respondent/Complainant For Petitioner : MR.A.BALAJI, Advocate for Mr.S.Saravanakumar, 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.41 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324 and 506(ii) of IPC., in Crime No.41 of 2022 on the file of the respondent police, seek anticipatory bail.

3.The case of the prosecution is that the petitioners have attacked the defacto complainant with hands and abused him in filthy language and threatened him. Hence a complaint has been filed. 4.The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence. They have been wrongly implicated in this case. 1/3

5.The learned Government Advocate(Crl.side) submitted that the petitioners and the defacto complainant are close relatives. There was a election dispute between them. The injured has been discharged from the hospital.

6.Considering the fact that there existed election dispute between the parties and also the facts that the injured has been discharged from the hospital and that except Section 506(2) of IPC, all other offences are bailable in nature, this Court is inclined to grant the anticipatory bail to the petitioner. 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, Aruppukottai, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners 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;

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

sd/- 23/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 ARUPPUKOTTAI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.3722 of 2022 Date :23/02/2022 pnn RS/PN/SAR.4/10.03.2022/3P/5C 3/3