Sandhosh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8608 of 2022
1. Sandhosh
2. Mohankumar
3. Hariharan
4. Subash ... Petitioners/Accused No.3 to 6 Vs State rep.by The Inspector of Police, Thuraiyur Police Station, Trichy District.
(Crime No.119/2022).
... Respondent/Complainant For Petitioners : M/s.Jegadeesh Pandian M, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.119/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners / accused Nos.3 to 6, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b) and 307 of I.P.C., in Crime No.119 of 2022, on the file of the respondent police, seek anticipatory bail. 2.Heard both sides.
3.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that it is a case in counter case between the petitioners and the defacto complainant. The defacto
complainant herein has been arrayed as an accused in Crime No.118 of 2022 and the injured victim in the present case has been discharged from the hospital and is in out of danger. He would further submit that the investigation is in progress and since both the groups belong to different castes, there is likelihood of danger to their own lives.
4.Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thuraiyur, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before the Tallakulam Police Station, Madurai, daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation. [c]the petitioners shall not tamper with the 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]. Sd/- 05/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MYR / SM
TO
1. THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.
4. THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.JEGADEESH PANDIAN M Advocate SR.No.4435
ORDER
IN CRL OP(MD) No.8608 of 2022 Date :05/05/2022 SP/JM/SAR IV/10/05/2022/3P/7C