Thirupathisamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2020 PRESENT The Hon`ble Mr.Justice RMT. TEEKAA RAMAN 1.THIRUPATHISAMY 2.AYYALUSAMY ... PETITIONERS/ACCUSED NO.1 AND 2 VS STATE REP BY THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
(IN CRIME NO.155 OF 2020) ... RESPONDENT/COMPLAINANT For Petitioners : Mr.K.Sivabalan, Advocate For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.155 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. 2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323 and 506(ii) of IPC., in Crime No.155 of 2020, on the file of the respondent police, seek anticipatory bail. 3.The case of the prosecution is that due to civil dispute, the petitioners said to have attacked the defacto complainant using hands and also threatened her with dire consequences. Hence, the complaint.
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4.The learned counsel for the petitioners submitted that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent and he has been falsely implicated in the above said case.
5.The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital.
6. Considering the facts and circumstances of the case and also considering the fact that injured has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions:- (i) Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Kovilpatti, and on their executing 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 learned Magistrate concerned;
(ii) The petitioners shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter, as and when required for interrogation.
(iii)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner 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;
(iv)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
8.The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
sd/- 23/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6524 of 2020 Date :23/06/2020 CP JM/PN/SAR 2/25.06.2020/3P/5C 3/3