Madhavan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN
1. Madhavan
2. Ajithkumar
3. Velu
4. Vadivel
5. Muniyasamy
6. Sasikumar
7. Vijay ... Petitioners/Accused No.1 to 7 Vs The State through The Inspector of Police, Keela Paralachi Police Station, Virudhunagar District Cr No.81/2020.
... Respondent/Complainant For Petitioners : M/s.S.J.Chakkaravarthy, Advocate.
For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.81 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.
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2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 427, 506(i) IPC r/w Section 4 of Tamilnadu Harassment Women Act in Crime No.81 of 2020 on the file of the respondent police, seek anticipatory bail.
3.Due to previous enmity and political motive, the petitioners, who are 7 in numbers, have indulged in group clash, attacking the defacto complainant's family. The respondent police registered case in counter. After occurrence, the petitioners are absconding and now seeking anticipatory bail.
4.The learned Additional Public Prosecutor objected for grant of anticipatory bail by stating that both groups are creating law and order problem and there is life threat. If the petitioners granted with anticipatory bail, they shall disturb the public tranquility.
5.Considering the nature of offence and the objections made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners are directed to stay at Tricy and report before the Inspector of Police, Rock-Fort Police Station, Trichy. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Aruppukkottai, Virudhunagar District and on their executing 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 learned Magistrate concerned and on further condition that, [a] the petitioners shall stay at Trichy and report before the Inspector of Police, Rock-Fort Police Station, Trichy daily at 10.30 a.m., till 30.06.2020.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 2/3
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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
Note: Due to lock-down on account of COVID-19,this order copy may be treated as true copy.
sd/- 21/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI VIRUDHUNAGAR DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTUR 3 THE INSPECTOR OF POLICE KEELA PARALACHI POLICE STATION, VIRUDHUNAGAR DISTRICT THE INSPECTOR OF POLICE, ROCK-FORT POLICE STATION, TRICY.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CRL OP(MD) No.5405 of 2020 Date :21/05/2020 ME/JC/SAR 2/21.05.2020/3P/6C 3/3