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Madras High CourtCRL OP(MD)/8351/2020ordered

Vasanth v. The Inspector Of Police

2020-08-12Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN

1. Vasanth

2. Nagavalli

3. Vijayalakshmi

4. Mangaleshwari

5. Pandiammal ... Petitioners/Accused No.2&6 Vs The State rep. by The Inspector of Police, Elanjampur Police Station, Ramanathapuram District Cr No.134/2020. ... Respondent/Complainant For Petitioner : M/s.S.Muniyandi, 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 Crime No.134 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners who are arrayed as accused No.2 to 6 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.134 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 parties, the petitioners and A-1 are said to have 1/3

attacked the de-facto complainant with hands and also caused injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that A-1 is the brother of the de-facto complainant, due to civil dispute between the parties, there was a wordy quarrel arose between them. Due to which, the de-facto complainant lodged a false complaint against the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the State would submit that A-1 in this case was already arrested and released on bail. He would further submit that the main allegation is attributed only against A-1 and the injured person was also discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the main allegation is attributed only against A-1 and there is no other overt act attributed against these petitioners and the co-accused was already arrested and released on bail and the injured person was already discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Mudukulathur, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.

(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 2/3

Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the petitioners/accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/- 12/08/2020 / 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, MUDUKULATHUR, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, ELANJAMPUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.8351 of 2020 Date :12/08/2020 SJI SRS/ VR/ SAR-II/ 14.08.2020/ 3P/5C 3/3