S.Nedunchezhian 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. S.NEDUNCHEZHIAN

2. R.MANIAMMAL

3. N.KARTHICK ... PETITIONERS/ACCUSED NOS.1 TO 3 VS STATE REP.BY THE INSPECTOR OF POLICE, VALANADU POLICE STATION, VALANADU, MARUNGAPURI TALUK, TRICHY DISTRICT, CRIME NO.358/2020.

... RESPONDENT/COMPLAINANT For Petitioner : 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.358/2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioners are arrayed as Accused No.1 to 3, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.358 of 2020, on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that the petitioners and the de-facto complainant are neighbours. Due to civil dispute between the parties, on the date of occurrence, there was a wordy quarrel between them, the petitioners said to have attacked the de-facto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that both of them attacked each other and the petitioners also injured, in this regard, the petitioners given a complaint against the de-facto complainant in Crime No.357 of 2020 before the respondent police and thereafter, a false complaint has been given against the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that this is a case and case in counter and both of them attacked each other, 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, Manapparai, on condition that the petitioners shall execute a bond for a sum of Rs.

(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;

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(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.

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, MANAPPARAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE VALANADU POLICE STATION, VALANADU, MARUNGAPURI TALUK, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.8603 of 2020 Date :19/08/2020 SJI JM/AKM/SAR 2/24.08.2020/3P/5C 3/3