Madras High CourtCRL OP(MD)/7798/2020ordered

Rubak v. The Inspector Of Police

2020-07-27Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. Rubak

2. Vivek

...Petitioner No.1 & 2/Accused No.1 & 2

Vs State Rep.by The Inspector of Police, Thottiyam Police Station, Trichy.

Crime No.1030 of 2020.

... Respondent/Complainant For Petitioners: M/s.V.Vishnu, 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 Cr.No. 1030 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i)of IPC in Crime No.1030 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are brothers who are arrayed as accused Nos. 1 & 2 and the defacto complainant is a press reporter. Due to earlier motive between the parties, the petitioners said to have attacked the defacto complainant by using cricket bat and stumps and also threatened him with dire consequences. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side). 1/3

4. The learned counsel for the petitioner would submit that the petitioners have never committed any offence as alleged by the prosecution. He would further submit that, while playing cricket a wordy quarrel has been aroused between the parties. He would further submit that the petitioners and the defacto complainant are relatives. Hence, he seeks anticipatory bail.

5. The learned Additional Public Prosecutor on instructions, submitted that the injuries are simple in nature and the injured has already discharged from the hospital.

6. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the injured has already discharged from the hospital and the injuries are simple in nature, this Court is inclined to grant anticipatory bail to the petitioner 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, Musiri, on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only)each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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.

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)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;

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(g)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/07/2020 / 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.

1. THE JUDICIAL MAGISTRATE, MUSIRI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY.

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

ORDER

IN CRL OP(MD) No.7798 of 2020 Date :29/07/2020 MS/VR/SAR-3/30.07.2020/3P.5C 3/3