Thangayan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Thangayan 2.Senthilkumar 3.Pannerselvam ... Petitioners/Accused Rank not known Vs The State represented by The Inspector of Police, Jampunathapuram Police Station, Trichy District.
Crime no.42 of 2022 ... Respondent/Complainant For Petitioners : Mr.N.Balasubramanian, Advocate.
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.42 of 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 294(b), 323, 354 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.42 of 2022, seek anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel between the parties, for which, the petitioners attacked the defacto complainant and abused her in filthy language by degrading her modesty. 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 counter case in Crime No.41 of 2022 is pending against the de-facto complainant and party.
4.The learned Government Advocate(Crl.Side) would submit that the injured was treated as outpatient.
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5.Considering the above facts and circumstances of the case and also considering the facts that the injured was treated as outpatient, that except the offence under Section 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, all other offences are bailable in nature and also the fact that the counter case in Crime No.41 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, Thuraiyur, Trichy Distrtict, on condition that the petitioners shall execute a bond for a sum of Rs.
(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;
(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 13/04/2022 / 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, THURAIYUR, TRICHY DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE JAMPUNATHAPURAM POLICE STATION, TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.BALASUBRAMANIAN N Advocate SR.No.3512
ORDER
IN CRL OP(MD) No.6859 of 2022 Date :13/04/2022 SS/SVR/SAR:IV/21.04.2022 : 3P/6C 3/3