Baskar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 BASKAR 2 SUNDARI @ SUNDARAVALLI 3 ARASUPANDI 4 SACHIN @ SACHINBALA 5 ARIYAMUTHU 6 VIJI @ VIJI PANDI 7 KARTHIGA @ KARTHIGA DEVI ... PETITIONER / ACCUSED Nos. 1 to 7 Vs THE INSPECTOR OF POLICE KEERATHURAI POLICE STATION, MADURAI CITY.
CR. NO. 63/2024 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. SUSI KUMAR.C Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO. 63/2024 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 alleged offence under Sections 147, 148, 342, 294(b), 323, 324 and 506(ii) IPC, in Crime No.63 of 2024, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant, due to which, on 06.02.2024, when the defacto complainant returned back to home after completing his work, the petitioners entered quarrel with the defacto complainant and attacked him and his father by using weapons and thereby, they sustained injuries. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl.side) appearing for the respondent 2/6
Police submitted that the injured was discharged from the hospital.
5. Considering the facts and circumstances of the case and the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are granted anticipatory bail and they are ordered to be released on bail in the event of arrest or on 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.IV, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)the sureties shall affix their photographs and left thumb impression in the 3/6
surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioner Nos.1 and 3 to 6 shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation and the petitioner Nos.2 and 7 shall report before the respondent Police as and when required for interrogation; (d) the petitioners are directed to file an affidavit of undertaking before the trial Court that they will not enter quarrel with the defacto complainant and his family members in future and threaten them;
(e) if the petitioners would enter any quarrel with the defacto complainant and his family members, anticipatory bail granted by this Court to the petitioners would stand automatically cancelled;
(f)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioners shall not abscond either during investigation or trial; (h)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 4/6
in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
sd/- 19/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SSB TO THE JUDICIAL MAGISTRATE NO.IV MADURAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE KEERATHURAI POLICE STATION, MADURAI CITY.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-2133[I] dated 20/02/2024 ) 5/6
+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-2190[I] dated 21/02/2024 )
ORDER
IN Date :19/02/2024 PKP/GS/SAR /07.03.2024/ 6P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6