Pappathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.9050 of 2022

1. Pappathi

2. Kaliyappan

3. Gunasekar

4. Manimaran ... Petitioners/Accused 1 to 4 Vs.

State rep.by The Inspector of Police, Palaviduthi Police Station, Karur District.

(Crime No.76 of 2022).

... Respondent/Complainant For Petitioners : M/s.Sivaram J, Advocate.

For Respondent : S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.76 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4 who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 406, 420 & 506(i) of IPC in Cr.No.76 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.It is the case of the prosecution that due to civil dispute between the parties, the petitioners abused the defacto complainant and attacked him. Hence the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the fact that the allegations levelled against the petitioners are appears to be civil in nature, this Court is inclined to grant anticipatory bail to the petitioners. 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, Kulithalai, on condition that the petitioners shall execute a bond for a sum of Rs.

(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 accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 11/05/2022 / TRUE COPY / 13/05/2022 Sub-Assistant Registrar (C.S.IV) 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 NO.I, KULITHALAI.

2. -DO- THROUGH THE CHIE JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE, PALAVIDUTHI POLICE STATION, KARUR DISTRICT.

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

+1. CC to M/S. SIVARAM J Advocate SR.No.4596

ORDER

IN CRL OP(MD) No.9050 of 2022 Date :11/05/2022 SP/SVR/SAR IV/13/05/2022/3P/6C