M.Malaichamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2020 PRESENT The Hon`ble Mr.Justice RMT. TEEKAA RAMAN

1. M.Malaichamy

2. M.Muthurakku

3. M.Selvam @ Malaiselvam

4. M.Kannan ... Petitioners/Accused No.1 to 4 Vs State Rep.by The Inspector of Police, Elayangudi Police Station, Madurai.

Crime No.243/2020 ... Respondent/Complainant For Petitioners : M/s.S.Malaikani, 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.243 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, 448 and 506(i) of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.243 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The case of the prosecution is that defacto complainant and her husband was attacked by A1 with woodenlog and A2 to A4 with stick.

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4.The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital on 02.06.2020 and it is case and counter case.

5. Taking note of the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

(i) Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Elayangudi, Madurai, 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 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; (iii)The petitioners shall report before the respondent Police daily at 10.00 a.m., until further orders, for interrogation. (iv)The petitioners shall not tamper with evidence or witness either during investigation or trial;

(v)The petitioners shall not abscond either during investigation or trial;

(vi)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;

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

sd/- 24/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

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TO

1. THE JUDICIAL MAGISTRATE, ELAYANGUDI, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, ELAYANGUDI POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.6531 of 2020 Date :24/06/2020 MS/PN/SAR-3/26.06.2020/3P.5C 3/3