Rajkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 RAJKUMAR 2 KANAGARAJ 3 SUJITHKUMAR ... PETITIONERS/ ACCUSED NOS.1 TO 3 Vs THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, THOTTIYAM, TRICHY DISTRICT.

CRIME NO.37/2024.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.KRISHNAN.S Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.37/2024 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324, 448, 427 and 506(ii) of IPC in Cr.No.37 of 2024, seek anticipatory bail.

2.The case of the prosecution is that on 02.02.2024, while the de-facto complainant was watching TV, the petitioners came there and damaged the TV and when the same was questioned by the defacto complainant, the petitioners picked up a quarrel with him and all the petitioners attacked him and abused him in filthy language and threatened him with dire consequences. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and it is purely a land dispute and in order to wreck vengeance, a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. side) submitted that due to land dispute, the petitioners attacked the defacto complainant and thereby, the defacto complainant sustained injury and hence, he strongly opposed to grant anticipatory 2/5

bail to the petitioners. However, he fairly conceded that the injured was discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, this Criminal Original Petition is ordered and 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thottiyam, Trichy District, on condition that the petitioners shall execute a 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 and on further condition that: (a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial; (f)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]; and; 4/5

(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS-I / II/ III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1.THE JUDICIAL MAGISTRATE, THOTTIYAM, TRICHY DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, THOTTIYAM, TRICHY DISTRICT.

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

ORDER

IN Date :01/03/2024 RK/GS (06/03/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5