Marikannu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.03.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Marikannu

2. Kasthuri ... Petitioner/Accused Rank Not Knwon Vs State represented by The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

(Crime No.601 of 2021) ... Respondent/Complainant For Petitioners : Mr.B.Jameel Arasu, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.601 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323 and 506(1) IPC, in Crime No.601 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners assaulted the defacto complainant and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the case in counter in Crime No.602 of 2021 is pending against the defacto complainant.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the second petitioner was not shown as accused in this case. He would further submit that no one was injured in the incident.

5.Since the second petitioner was not shown as accused in this case, this petition is dismissed as against the second petitioner concerned.

6.Considering the facts that there existed previous enmity between the parties, that no one was injured in the incident and that except the offence under Section 506(1) IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the first petitioner with certain conditions. 7.Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, on condition that the first petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the first petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the first petitioner shall report before the respondent police as and when required for interrogation. [c]the first petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the first petitioner 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 first petitioner in accordance with law as if the conditions have been imposed and the first petitioner 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/03/2022 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, KARAMBAKUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.3999 of 2022 Date :01/03/2022 USK/PN/SAR-III/07.03.2022/3P/5C 3/3