Ayyappan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Ayyappan 2.Erulappasamy @ Kannisamy(Minor), Represented through his father Ayyappan ... Petitioners/Accused A1/A2 Vs The State rep.by The Sub Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

(Cr.No.98/2022).

... Respondent/Complainant For Petitioner : M/s.MUTHUSAMY.P, Advocate.

For Respondent : Mr.R.SIVAKUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.98 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(1) IPC, in Crime No.98 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the parties, the petitioners and other accused attacked the de-facto complainant with brick klin and caused injuries. 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. He would further submit that the second petitioner is a juvenile, who is aged about 17 years. 4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital. He would further submit that the second petitioner is the juvenile. 1/3

5.Considering the facts and circumstances of the case and also considering the facts that the injured was already discharged from the hospital, that except the offence under Section 506(1) IPC, all other offences are bailable in nature and also the fact that A3 was already arrested and released on bail, this Court is inclined to grant anticipatory bail to the first petitioner is concerned, but with certain conditions.

6.Since the second petitioner is the juvenile, who is aged about 17 years, this petition is dismissed as against the second petitioner is concerned. The respondent police is directed to proceed against the second petitioner in accordance with the provisions of the Juvenile Justice Act.

7.Accordingly, the first petitioner is ordered to be released on bail in the event of his arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sivagiri, on condition that the first petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a 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 first 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 first 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.

(c)the first petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the first 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 first petitioner in accordance with law as if the conditions have been imposed and the first 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]; and;

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

sd/- 31/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 1 THE JUDICIAL MAGISTRATE SIVAGIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.

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

+1. CC to M/S.MUTHUSAMY.P Advocate SR.No.2866

ORDER

IN CRL OP(MD) No.5623 of 2022 Date :31/03/2022 SA/JM/SAR.2/06.04.2022/3P/6C 3/3