T.Vellaiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN 1.T.Vellaiyan 2.R.Prakash 3.R.Parthiban 4.V.Rengarasu 5.V.Rajendran 6.V.Ramaraj 7.Perumal 8.V.Balakrishnan 9.V.Ramar 10.Vijayalakshmi 11.Vanitha ... Petitioners/Accused Nos.1 to 11 Vs The State rep.by The Inspector of Police, Jambunathapuram Police Station, Trichy District, Trichy.

Crime No. 464 of 2020. ... Respondent/Complainant For Petitioners: Mr.T.Lajapathi Roy, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To Anticipatory Bail in Cr.No. 464 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 to A11, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 341, 294(b), 324, 336 and 506 (ii) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, in Crime No.464 of 2020 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant, the petitioners were said to have entered into the house of the defacto complainant and abused by using filthy language and also assaulted him with weapons and caused injury. Hence, the present complaint. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, they have been falsely implicated in this case. Hence, he seek anticipatory bail. 5.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that due to civil dispute, the occurrence is said to have been taken place. He further submitted that the injured person has already been discharged from the hospital.

6.Considering the facts and circumstances of the case and also considering the fact that due to civil dispute, the occurrence is said to have been taken place 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. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thuraiyur, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.

(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;

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(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/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/07/2020 / 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.

TO 1.THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT, TRICHY.

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

ORDER

IN CRL OP(MD) No.7109 of 2020 Date :21/07/2020 VS TK/JC/SAR.2/22.07.2020/3P/5C 3/3