Chitiraikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. CHITIRAIKUMAR

2. KARTHICKKUMAR

3. ABIRAMI

4. VIJAYABHARATHI

5. MURUGAN ... PETITIONERS/ACCUSED NO.1 TO 5 VS STATE REP.BY THE INSPECTOR OF POLICE, C5, KARIMEDU POLICE STATION, MADURAI-625016.

(CRIME NO. 771 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.R.Alagumani, 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 Cr.No.771 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 to 5 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 of I.P.C. and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.771 of 2020, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and the de-facto complainant are neighbours. There was a wordy quarrel between the parties in respect of taking the drinking water in common tap. Due to which, the petitioners 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 and case in counter. He would further submit that both of them attacked each other and the petitioners also injured in this case.

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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 this is a case and case in counter 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 No.V, Madurai, 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/- 19/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 NO.V, MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE C5, KARIMEDU POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.8584 of 2020 Date :19/08/2020 SJI JM/VR/SAR 2/24.08.2020/3P/5C 3/3