Sivaramalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN

1. Sivaramalingam

2. Iyappan

3. Ayyasamy

4. Manikandan

5. Ramasubbu ... Petitioners/ Accused Rank Not Known Vs The State rep. by The Inspector of Police, Sambavarvadakarai Police Station, Tenkasi District.

Cr.No. 133 of 2020. ... Respondent/Complainant For Petitioners: Mr.K.Navaneetharaja, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.133 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.Rank Not Known, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 448, 427, 294(b) and 506(ii) of IPC, in Crime No.133 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to dispute with regard to fishing rights in Sundarapandiyapuram Periyakulam, there

was a wordy quarrel between the petitioners and the defacto complainant, for which, the petitioners were said to have trespassed into the defacto complainant's house and abused him by using filthy language and caused damage to the house worth about Rs.400/- and also assaulted him. Hence, the present complaint.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal 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, the petitioners have been falsely implicated in this case. Hence, he seek anticipatory bail.

5. The learned Government Advocate (Criminal 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 considering the fact that due to dispute with regard to the fishery rights in tanks belong to PWD, the occurrence said to have 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, Tenkasi, 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/- 30/07/2020 / 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, TENKASI.

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

3. THE INSPECTOR OF POLICE, SAMBAVARVADAKARAI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7943 of 2020 Date :30/07/2020 VSG SRS/ SKN/ SAR-II/ 03.08.2020/ 3P/5C