Sahadevan v. The Station House Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.05.2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI 1.Sahadevan 2.Venkatraman 3.Narayanan 4.Meenakshi Sundaram ... Petitioners/Accused Nos.1 to 4 Vs The State Rep. through Station House Officer, Tirupattur Town Police Station, Sivagangai District.

Crime No.48 of 2022 ... Respondent/ Complainant For Petitioners : Mr.R.Ramanathan,Advocate.

For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.48 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4 who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 448, 324 & 506(1) in Crime No.48 of 2022 on the file of the respondent police, seek anticipatory bail. 2.According to the prosecution, with regard to the temple festival, a wordy quarrel arose between the petitioners party and the accused party. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent police would state that in respect of temple festival, a wordy quarrel has been occurred.

5.Taking note of the facts and circumstances of the case and also taking note of the submission of the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 Judicial Magistrate, Tirupattur, Sivagangai District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police on every Saturday at 10.30 a.m until further orders. [c]the petitioners shall not tamper with the 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].

sd/- 18/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, TIRUPATTUR, SIVAGANGAI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE STATION HOUSE OFFICER TIRUPATTUR TOWN POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9291 of 2022 Date :18/05/2022 PKP/VR/SAR-1/23.05.2022/3P/5C 3/3