Meenachi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR
1. Meenachi
2. * Jeyakumar @ Jayachandran ... Petitioners/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
(Crime No.3 of 2020).
... Respondent/Complainant For petitioners : M/s.Arun.B., Advocate.
For Respondent : Mr.M.Muthu Manikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.3 of 2020 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324, 1/5
506(i), 379 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.3 of 2020, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the parties, the petitioners abused the defacto complainant in filthy language and also assaulted her. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the investigation is pending. He would further submit that the injured has already been discharged from the hospital. 5.Considering nature of the charges levelled against the petitioners and considering the facts that the injured was discharged from the hospital and that the petitioners are not having any bad antecedents, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties, each for a 2/5
like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 first petitioner shall report before the respondent police as and when required for interrogation.
(c) the second petitioner shall report before the respondent police daily at 10.30 am for a period of one month 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; 3/5
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 17/03/2022 (*)Amended as per order of this Court dated 29.07.2024 in CRL MP(MD)No.7570 of 2024 in CRL OP(MD)No.5037 of 2022.
/ TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned.
TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DATED 17/03/2022 ALREADY DESPATCHED.
1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.
4/5
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.ARUN, Advocate ( SR-2228[I] dated 18/03/2022 )
ORDER
IN CRL OP(MD) No.5037 of 2022 Date :17/03/2022 DAS MS/PN/SAR-1/21.03.2022/3P.6C ED/ GS /SAR- (13/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5