Chinnamariappan @ Uppumariappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CHINNAMARIAPPAN @ UPPUMARIAPPAN ... PETITIONER/ACCUSED NO.1 VS STATE REP. BY THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. 714 OF 2020.

... RESPONDENT/COMPLAINANT For Petitioner : M.Murugesan, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 714 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C. and Section 4 of Tamil nadu Prohibition of Harassment of Women Act, in Crime No. 714 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to land dispute on account of digging of borewell by the defacto complainant, the petitioner along with other accused persons have formed an unlawful assembly and abused the defacto complainant using filthy language and also assaulted by using wooden stick and thereby caused simple injuries to the defacto complainant. The accused persons have also made life threat and harassed the defacto complainant. Hence, the complaint.

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3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that due to land dispute between the parties, this case has been registered against the petitioner. Hence, he seeks anticipatory bail. 5.The learned Government Advocate (criminal side), on instructions, submitted that the injured has already discharged from the hospital. He further submitted that the other accused were enlarged on bail.

6.Considering the fact and circumstances of the case and submission made by the learned Government Advocate (criminal side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Virudhunagar, and on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that, [a] the petitioner shall report before the respondent police on every Monday at 10.30 a.m., without fail, until further order.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial. [c] the petitioner shall not abscond either during investigation or trial.

[d] 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 petitioner 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].

[e] If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 NO.II, VIRUDHUNAGAR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. C.C. to M/S.M.Murugesan, Advocate SR.No. 5814

ORDER

IN CRL OP(MD) No.7554 of 2020 Date :23/07/2020 KSA JM/VR/SAR 2/27.07.2020/3P/6C 3/3