Valarmathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8747 of 2022

1. Valarmathi

2. Jeyaraj @ Jeyaraj Pandian ... Petitioners/Accused No.1 & 2 Vs State rep.by The Inspector of Police, Watrap Police Station, Virudhunagar District (Crime No.103/2022).

... Respondent/Complainant T.Vijaya Kumar ... Intervening Petitioner/ De-facto Complainant/ Complainant (in Crl.MP(MD)No.5998/2022) For Petitioners : M/s.Sivakumar Rajappan, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervener : Mr.P.M.Vishnuvarthanan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.103/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 & A2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294 (b), 427, 297 and 506(i) of I.P.C, in Crime No.103 of 2022 on the file of the respondent police, seek anticipatory bail.

2.Heard both sides.

3.Based on hearsay the petitioner had damaged the cemetery of defacto complainant's father.

4.The learned counsel for the petitioners denied the above submission and he was the one who put up cemetery for the defacto complainant's father.

5.Taking into consideration that the offences are not grievous in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.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 No.I, Srivilliputhur, 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 respondent police 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/- 06/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

msa/cp

TO

1. THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUTHUNAGAR DISTRICT.

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

+1. CC to M/S.P.M.VISHNUVARTHANAN Advocate SR.No.4416

ORDER

IN CRL OP(MD) No.8747 of 2022 Date :06/05/2022 SP/VR/SAR II/10/05/2022/3P/6C