Gowthaman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.3818 of 2023 1.Gowthaman 2.Gowthami 3.Lakshmanan 4.Balakumar

...Petitioners/Accused 1 to 4

-vsThe State represented by The Inspector of Police, Musiri Police Station, Trichy District.

(Cr.No.73 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.73 of 2023 on the file of the respondent Police.

For Petitioners : Mr.M.Suresh 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) and 323 of IPC and Section 4 of TNPHW Act in Crime No.73 of 2023 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant, is that on 16.02.2023, while the de-facto complainant, was returning back to home, the petitioners have abused her in filthy language and also attacked her with stick and threatened her with dire consequences. Hence, the complaint.

3.The learned Counsel for the petitioners would submit that the petitioners are innocents and a false complaint has been given. He would also submit that petitioners have not committed any offence, as alleged by the prosecution. He would also submit that the petitioners have no previous cases pending against them and they are ready to abide by any stringent conditions, that may be imposed on them. Hence, he would seek for anticipatory bail to the petitioners.

4.The learned Government Advocate (crl.side) would submit that on 16.02.2023, while the de-facto complainant, was returning back to home, the petitioners have abused her in filthy language and also attacked her with stick and threatened her with dire consequences. He would object for grant of anticipatory bail to the petitioners. 5.Heard the learned Counsel. Taking into consideration the facts and submissions and also on perusing the materials available on record including the F.I.R., 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, Musiri, Trichy District, on condition that the petitioners shall execute bond for a sum of Rs.

[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 as and when required on issuance of summons.

[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/- 28/02/2023 / TRUE COPY / / /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1.The Judicial Magistrate, Musiri, Trichy District. 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 The Inspector of Police, Musiri Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.3818 of 2023 Date :28/02/2023 MGJ/SAR I/08/03/2023/3P/5C