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Madras High CourtCRL OP(MD)/7380/2021granted

R.Jayaraman v. The Inspector Of Police

2021-06-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. R.Jayaraman

2. J.Renuga Devi

3. D.Rajasekar

4. Kathir @ P.Kathiresan ... Petitioners/Accused 1 to 4 Vs The Inspector of Police, Thallakulam Police Station, Madurai City, (In Crime No.461/2021).

... Respondent/Complainant For Petitioners: Mr.Babu Rajendran, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Counsel (Crl.Side) For Intervenor : Mr.K.Navaneetha Raja, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.461 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel on either side including Mr.K.Navaneetha Raja, learned counsel for the intervenor. 2.The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 447, 294(b), 323, 427 and 506 (i) of IPC and Section 4 of the Prohibition of Harassment of Women Act, 2002 in Crime No.461 of 2021 on the file of the respondent police and seek anticipatory bail. 3.Even according to the prosecution, the occurrence had taken place on 11.08.2020, the information was lodged only on 21.04.2021. From reading of the FIR, I am of the view that this is a case, in which, the arrest of the petitioner is not going to serve any purpose.

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

5.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] each 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 Additional Mahila Judge, Judicial Magistrate Level, Madurai and execute fresh personal bonds for a sum of Rs.5,000/- [Rupees Five Thousand only] each 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 08/06/2021 / 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.

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TO 1.THE ADDITIONAL MAHILA JUDGE, JUDICIAL MAGISTRATE LEVEL, MADURAI.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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

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

+1 CC to Mr.BABU.RAJENDRAN, Advocate ( SR-3908[I] dated 10/06/2021 )

ORDER

IN CRL OP(MD) No.7380 of 2021 Date :08/06/2021 MM AE/MNR/SAR-1/11.06.2021/3P/6C 3/3