Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN

1. Saravanan

2. Mayalagu ... Petitioners/Accused Nos.2 & 6 Vs The State rep. by The Inspector of Police, Keeraithurai Police Station, Madurai City.

Cr.No. 964 of 2020. ... Respondent/Complainant For Petitioners: Mr.K.Sathish Kumar, 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. 964 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A2 and A6, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 323 and 506(i) of IPC, in Crime No.964 of 2020 on the file of the respondent police, seek anticipatory bail.

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 abused the defacto complainant using filthy language and also criminally intimidated her. Hence, the 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 been falsely implicated in this case. He further submitted that the defacto complainant is the none other than the daughter of A1 and these petitioners are relatives. He would further submit that due to civil dispute between the parties, a false complaint has been preferred by the defacto complainant. He further submitted that A1, A3, A4 and A5 have already been granted anticipatory bail by this Court in Crl.O.P.(MD).No.7788 of 2020, dated 27.07.2020. Hence, he seek anticipatory bail.

5. The learned Government Advocate (Crl. Side), on instructions, submitted that the injured person has already been discharged from the hospital.

6. Considering the fact and circumstances of the case and also considering the fact that the injured person has already been discharged from the hospital and the petitioners are close relatives of the defacto complainant and the co-accused have already been granted anticipatory bail by this Court, 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 No.IV, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with common surety 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. (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/- 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.

TO

1. THE JUDICIAL MAGISTRATE NO.IV, MADURAI DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.7892 of 2020 Date :29/07/2020 VSG SRS/ VR/ SAR-III/ 30.07.2020/ 3P/5C