Sunthararajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :27.03.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Sunthararajan 2.Sathya 3.Ragavendrakumar 4.Ukkirapandian 5.Sivakumar @ Sugumar ... Petitioners/Accused No.1to5 Vs The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

(Cr.No.80 of 2023) ... Respondent/Complainant For Petitioners : Mr.Santhanam Rajesh Kumar, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.80 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 447, 294(b), 323, 427 IPC r/w Section 4 of TNPHW Act in Crime No.80 of 2023, seek anticipatory bail.

2.The case of the prosecution is that the petitioners and the defacto complainant are neighbors and there is a path way dispute pending between them. Due to the same, the petitioners abused the defacto complainant in filthy language and also attacked her and her husband. Hence the case.

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3.Heard both sides and perused the materials available in the record.

4.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

5.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 on which the order copy made ready, before the Judicial Magistrate Court No.VI, Madurai, Madurai District, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 27/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE COURT NO.VI, MADURAI, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5582 of 2023 Date :27/03/2023 RK/MMS/SAR-4(10/04/2023) 3P/5C 3/3