Panchavarnam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Panchavarnam ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Keelavalavu Police Station, Madurai District.

Crime No.59 of 2020. ... Respondent/Complainant For Petitioner : M/s.A.V.Arun, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.59 of 2020 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 506(ii) of IPC and Section 4 of TNPHW Act seeks anticipatory bail.

2. Due to civil dispute prevailing between the petitioner's family and the defacto complainant on 27.02.2020 the petitioner along with two others have gone to the house of the defacto complainant and assaulted him with wooden log and hands.

3. The learned Government Advocate (Crl.Side)would submit that the defacto complainant sustained injuries and got treatment as out patient. A1 and A2 in this case were arrested and remanded to judicial custody on 28.02.2020 and still in custdoy.

4. Taking note of the fact that the petitioner being lady aged about 58 years and the only overt act attributed against her is that she used filthy language, this Court is inclined to grant 1/3

anticipatory bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, Madurai Dsitrict on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) 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 said Magistrate, on further condition that:

[a] The 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 Aadhar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police as and when required for interrogation [c]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the 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 petitioner in accordance with law as if the conditions have been imposed and the 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MELUR.

2/3

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

3.THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.A.V.ARUN Advocate SR.No.4805

ORDER

IN CRL OP(MD) No.4070 of 2020 Date :04/03/2020 AAV TK/JC/SAR.3/06.03.2020/3P/6C 3/3