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Madras High CourtCRL OP(MD)/8507/2020ordered

Ramachandran v. Inspector Of Police

2020-08-18Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.8507 of 2020

1. Ramachandran

2. Shanmugavalli

3. Deepa

4. Shanmugasundari ... Petitioners/Accused Rank not known Vs The State Rep. by The Inspector of Police, Therieuveli Police Station, Ramanathapuram District.

(Crime No.97 of 2020). ... Respondent/Complainant For Petitioners : M/s.S.Krishnan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.97 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Rank Not Known apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 323 and 324 of I.P.C., in Crime No.97 of 2020, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is the husband of the third petitioner. Due to family dispute between the parties, on the date of occurrence, there was a wordy quarrel arose between themselves, the petitioners are said to have attacked the de-facto complainant and caused injuries. 3.The learned counsel appearing for the petitioners would submit that this is a case of case in counter. He would further submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the injured person in this case has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that it is a family dispute and the injured person in this case has been 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, on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each 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 petitioners/accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/08/2020 / 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, THERIEUVELI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.8507 of 2020 Date :18/08/2020 SJI TE/AKM/SAR-II : 20/08/2020 : 3P/5C