Dharmaveen @ Dharman v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2021 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD). No.7274 of 2021

1. Dharmaveeran @ Dharman

2. Thulasi

3. Sundari ... Petitioners/Accused Nos.1 to 3 Vs State represented The Sub Inspector of Police, Avaniyapuram Police Station, Madurai District, (Crime No.376 of 2021). ... Respondent/Complainant For Petitioners : Mr.Rajaram.A., Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.376 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 448, 294(b), 323 and 506(ii) of I.P.C., and Section 4 of TNPWH Act in Crime No.376 of 2021, on the file of the respondent police, have filed the present anticipatory bail petition.

2. The case of the prosecution is that the petitioners are said to have trespassed into the property and abused the de facto complainant in filthy language and attacked her and had caused threat.

3. The learned counsel appearing for the petitioners submitted that there was only a wordy quarrel between the petitioners and the de facto complainant and in fact, it was the de facto complainant, who had threatened the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that there was a quarrel among the neighbours and no one was injured and there are no previous cases against the petitioners.

5. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent police.

6. Taking into consideration the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only) with two common sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners shall appear before the learned Judicial Magistrate, Additional Mahila Court, Madurai and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] with two common sureties each for a likesum to the satisfaction of the concerned Judicial Magistrate, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation and on further conditions that: [a]the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity;

[b]the petitioners shall report before the respondent police as and when required for interrogation; [c]the petitioners shall not abscond either during investigation or trial;

[d]the petitioners shall not tamper with evidence or witness 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 thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

Sd/- 07/06/2021 / TRUE COPY / / /2021 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, ADDITIONAL MAHILA COURT, MADURAI.

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

3. THE SUB INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISYTRICT,

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

ORDER

IN CRL OP(MD) No.7274 of 2021 Date : 07/06/2021 VB VR SAR II(14/06/2021) 3P / 5C