Rajendran 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

1. Rajendran

2. Logarani ... Petitioners/Accused No.1 & 2 Vs The State rep.by, The Inspector of Police, Sindupatti Police Station, Madurai District.

(Crime No.80 of 2022) ... Respondent/Complainant For Petitioner : Mr.S.Balaji, 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.80 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/accused Nos.1 and 2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323 and 506(i) of IPC and Section 4 of TNPHW Act 2002, in Crime No.80 of 2022, on the file of the respondent police, seek anticipatory bail.

2.When the matter is taken up for hearing, the learned Government Advocate(Crl.side) submitted that the first petitioner was arrested and remanded to judicial custody and also submitted that the injured person has been discharged from the hospital. 3.Since the first petitioner was arrested and remanded to judicial custody, this criminal Original Petition is dismissed insofar as the first petitioner/A1 is concerned. 1/3

4.Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. 5.Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumangalam, Madurai District, on condition that the second petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the second petitioner 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 second petitioner 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 second petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the second petitioner 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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].

sd/- 06/05/2022 / TRUE COPY / / /2022 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 JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE SINDUPATTI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to Mr.S.BALAJI, Advocate ( SR-4431[I] dated 06/05/2022 )

ORDER

IN CRL OP(MD) No.8754 of 2022 Date :06/05/2022 tta/dss MK/VR/SAR.II/09.05.2022/3P/6C 3/3