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Madras High CourtCRL OP(MD)/5567/2021ordered

Andi v. The Inspector Of Police

2021-04-19Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.5567 of 2021

1. Andi

2. Revathi

3. Muruganandaboopathi

4. Kannan

5. Saravanan ... Petitioners/Accused 1 to 5 Vs State represented through The Inspector of Police, Rameswaram Town Police Station Rameswaram, Ramanathapuram District.

Crime No.105 of 2021.

... Respondent/Complainant For Petitioners : M/s.Ashok.S., Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To Anticipatory Bail in Crime No.105 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 offences punishable under Sections 147, 294(b), 323 IPC r/w, Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.105 of 2021, seek anticipatory bail. 2.The case of the prosecution is that due to family dispute, the petitioners herein along with other accused said to have abused the defacto complainant, assaulted him and also threatened him with dire consequences.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He further submitted that it is a case in counter,

earlier the petitioners were attacked by the defacto complainant and hence, the second petitioner herein / Revathi has given a complaint against the defacto complainant and the same was registered in Crime No.104 of 2021, for the offence under sections 294 (b), 324, 427, 448 and 506 (ii) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. As a counter blast, the present complaint has been filed. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that it is a case in counter. He further submitted that the injured person has already been discharged from the hospital.

5.It is seen from the submissions made that there is a property dispute between the petitioners and the defacto complainant. The defacto complainant and the petitioners are relatives. Considering the fact that it is a case and counter and the injured person has already been discharged from the hospital, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Rameswaram, Ramanathapuram District on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners 1 and 2, being women, shall report before the respondent police as and when required for interrogation and the petitioners 3 to 5 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks 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;

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

sd/- 19.04.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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, RAMESWARAM, RAMANATHAPURAM DISTRICT.

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

3.THE INSPECTOR OF POLICE, RAMESWARAM TOWN POLICE STATION RAMESWARAM, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.S.ASHOK, Advocate ( SR-3219[I] dated 20/04/2021 )

ORDER

IN CRL OP(MD) No.5567 of 2021 Date : 19/04/2021 VB/PN/SAR-II (22/04/2021) 3P / 6C