Prabhkaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN
1. Prabhkaran
2. Kandhavel ... Petitioners/Accused No.1 & 2 Vs State Rep. by The Inspector of Police, Avudaiyarkovil Police Station, Pudukkottai District, Crime No.276 of 2021.
... Respondent/Complainant For Petitioners : Mr.Veerapandi Selvaraj.S., 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.276 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.276 of 2021, seek anticipatory bail.
2.The case of the prosecution is that due to previous enmity, on 13.06.2021, at about 02.30 p.m., when the defacto complainant was talking in cellphone near Vaarandhi Pachapirandha bridge, the accused and some other unknown persons came there, scolded him in filthy language and attacked him with knife and others have beaten him with hands. The accused Kandhavelu also tried to attack him with knife and they threw stones on him, due to which, he suffered injuries. Therefore, this case came to be registered. 1/3
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the injured had been discharged from the hospital.
4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed. However, he conceded that the injured had been discharged from the hospital. 5.Considering the facts and circumstances of the case and the fact that the injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 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, Aranthangi, on condition that the petitioners shall execute a bond for a sum of Rs.
[b]the petitioners shall report before respondent police daily at 10.30 am., until further orders;
[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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 24/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
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, ARANTHANGI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE, AVUDAIYARKOVIL POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8193 of 2021 Date :24/06/2021 SM JM/VR/SAR IV/29.06.2021/3P/5C 3/3