Manimaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.02.2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA 1.Manimaran 2.Jayakumar 3.Madhu

...Petitioners / Accused 1 to 3

-vsThe State rep.by The Sub-Inspector of Police, Watrap Police Station, Virudhunagar District (Crime No.113 of 2022)

...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.113 of 2022 on the file of the respondent Police.

For Petitioners : Mr.M.Jothi Basu, Advocate For Respondent : Mr.K.Sanjay 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 147, 323, 324, 355 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.113 of 2022 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution as per the de-facto complainant Bharathi Usha is that the fourth accused is her husband and on 08.05.2022, when the defacto complainant along with her younger brother went to the house of the accused to take her belongings, the accused have attacked her with hands and she has sustained simple injury. 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 a family dispute between the fourth accused/husband and the defacto complainant/wife has been projected as a criminal case and the accused 4 and 5 have been granted anticipatory bail by the Sessions Court and he prays for grant of anticipatory bail to the petitioners. 1/3

4.The learned Government Advocate (crl.side) would submit that A4 and the defacto complainant are husband and wife and on the date of occurrence, the accused have attacked the defacto complainant with hands and she sustained simple injuries 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 Additional Mahila Court, Srivilliputhur, 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 a.m 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]. [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 2/3

To 1.The Judge, Additional Mahila Court, Srivilliputhur 2.The Sub-Inspector of Police, Watrap Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.JOTHI BASU.M Advocate SR.No.2670

ORDER

IN CRL OP(MD) No.3378 of 2023 Date :22/02/2023 ED/BUC/SAR-1 (08/03/2023) 3P 5C 3/3