Radha v. The 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. Radha

2. Kalimuthu

3. Sriraman

4. Kamalpathy

5. Muthupandi

6. Vishal

7. Kumara Guru ... Petitioners/Accused Vs The State represented by The Inspector of Police, Sundarapandiya Patinam (Sp Patinam) Police Station, (Crime No.49/2022) Ramanathapuram District. ... Respondent/Complainant For Petitioner : Mr.V.A.Dhana Aravindha Balaji, Advocate for M/S.Dhana Law Associates.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.49/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 and 506(i) IPC and Section 4(1) of Women Harassment Act, in Crime No.49 of 2022, seek anticipatory bail. 2.The case of the prosecution is that A2 had borrowed a sum of Rs.1,50,000/- from the defacto complainant, that when the defacto complainant called A2 to repay the said amount, a wordy quarrel arose between them and due to that, on 27.03.2022, the petitioners have abused the defacto complainant and his family members in filthy language and also attacked them. Hence, the complaint. 1/3

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 counter case in Crime No.50 of 2022 is pending against the de-facto complainant and party.

4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital and that A5 and A7 are having one previous case.

5.Considering the facts that there existed money transaction dispute between the parties, that the injured was already discharged from the hospital, that except the offence under Section 506(i) IPC and Section 4(1) of Women Harassment Act, all other offences are bailable in nature and also the fact that the counter case in Crime No.50 of 2022 is pending against the de-facto complainant and party, 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 their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvadanai, 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 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 petitioners 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 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]; and;

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(f)if the accused thereafter abscond, 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.

SJI 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, THIRUVADANAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE SUNDARAPANDIYA PATINAM (SP PATINAM) POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.DHANA LAW ASSOCIATES Advocate SR.No.16141

ORDER

IN CRL OP(MD) No.6000 of 2022 Date :31/03/2022 SS/JM/SAR:I/06.04.2022 : 3P/6C 3/3