Nachiyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.5002 of 2021 1.Nachiyappan, 2.Vallikannu, 3.Viswanathan,

4. Kannathasan, 5.Roja, 6.Velu, 7.Kumar, 8.Inbam @ Ilayaraja, 9.Ithayam @ Idhayasekar, ... Petitioners/Accused Nos.1 to 6 & 8 to 10 Vs The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.

Cr.No. 70 of 2021. ... Respondent/Complainant For Petitioner : Mr.R.Gandhi Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.70 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 341, 323, 294(b), 506(1) IPC in Crime No.70 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant and the petitioners are relatives. On 27.03.2021, the mother of the defacto complainant died and there was a dispute arose in the funeral procession. Due to which, the petitioners said to have attacked the defacto complainant and also threatened her with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) submitted that totally there are 10 accused in this case and due to some wordy quarrel in the funeral procession, the alleged occurrence was happened.

5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

6.It is seen from the submissions that on 27.03.2021 the defacto complainant's mother died and when the body was taken to the father's native to perform last rites, the petitioners herein way laid for paying last respect. At that time, a scuffle arose between the parties and the petitioners attacked the defacto complainant. Therefore, this case came to be registered. Considering the facts and circumstances of the case and considering the fact that except offence under Section 506(i) IPC, all other offence are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners.

7.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 Judicial Magistrate Court, Thiruvadanai, 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]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 Nos.1, 3, 4, 6 to 9 shall report before respondent police daily at 10.30 am., until further orders and the petitioners Nos.2 & 5 shall report before the respondent police 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08.04.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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 COURT, THIRUVADANAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, THIRUVADANAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+2 CC to Mr.R.GANDHI, Advocate ( SR-3059,3095[I] dated 09/04/2021 )

ORDER

IN CRL OP(MD) No.5002 of 2021 Date : 08/04/2021 VB/SMA/SAR-II (16/04/2021) 3P / 7C