Madras High CourtCRL OP(MD)/6057/2021ordered

Prabakaran v. The Inspector Of Police

2021-04-28Honourable Mr Justice G. Chandrasekharan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD) No.6057 of 2021

1. Prabakaran

2. Vijayakumar ... Petitioners/Accused Nos.1&2 Vs The State Rep.by The Inspector of Police, Kundrakudi Police Station, Sivagangai District (Crime No.54 of 2021).

... Respondent/Complainant For Petitioners : Mr.Mohamed Hashim A, Advocate.

For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER:- for Anticipatory Bail in Crime No.54 of 2021 on the file of the respondent police ORDER: The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294 (b), 323, 324 and 506 (i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.54 of 2021 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent police.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners have been falsely implicated in the present case and hence, they seek anticipatory bail. He would further submit that co-accused have been granted anticipatory bail.

4.The learned Government Advocate (criminal side), on instructions, submitted that the injured has been discharged from the hospital and the petitioners have no previous case against them. 5.It is seen from the submissions made that due to the previous enmity with regard to Annathanam in a temple festival, on 11.04.2021, at about 09.30 p.m., the accused abused the defacto complainant in filthy language and attacked him with a bottle. Due to which, he suffered injury. Hence, the complaint. 6.Considering the facts and circumstances of the case, the fact that the injured has been discharged from the hospital and the coaccused have been granted anticipatory bail, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, 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 and on further conditions 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 cards or Bank pass Books to ensure their identity;

(b)the petitioners shall report before the respondent police, daily, at 10.30 a.m., until further orders;

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

sd/- 28/04/2021 / TRUE COPY / / /2021 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, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE KUNDRAKUDI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6057 of 2021 Date :28/04/2021 SM CSL/05.05.2021 : 3P/5C