Thanasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Thanasekar 2.Anjammal 3 Thondiraj 4.Vanitha

...Petitioners/Accused Nos. 1 to 4

-vsState represented by The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.

(Cr.No.24 of 2023)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest in connection with Cr.No.24 of 2023 on the file of the respondent Police.

For Petitioners : Mr.P.Manokaran For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side) ****

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 336, 323 IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No.24 of 2023 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution as per the de-facto complainant Selvaraj is that his daughter was prevented by the family members of her husband to enter into the matrimonial home and when the same was questioned, wordy altercation arose and the accused attacked the defacto complainant and hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and a false complaint has been given. He would also submit that the fourth petitioner has given a counter complaint and the same was registered in Crime No.23 of 2023 1/3

and the defacto complainant has obtained anticipatory bail by the Sessions Court, Ramanathapuram and the parties are close relatives. He prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (crl.side) would submit that the occurrence said to have taken place on 01.02.2023 and the petitioners have attacked the defacto complainant due to family dispute. He would further submit that a counter case in Crime No.23 of 2023 has been registered against the defacto complainant and he opposes to grant anticipatory bail.

5.Heard and perused the materials available on record. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners 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 on which the order copy made ready, before the learned Judicial Magistrate, Thiruvadanai, on condition that the petitioners shall execute 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks, thereafter every Saturday at 10.30 am until further orders.

[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]. 2/3

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

sd/- 22/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, THONDI POLICE STATION, THONDI, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.P.MANOKARAN, Advocate ( SR-2660[I] dated 22/02/2023 )

ORDER

IN CRL OP(MD) No.3361 of 2023 Date :22/02/2023 RK/BUC/SAR-4(10/03/2023) 4P/6C 3/3