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Madras High CourtCRL OP(MD)/8554/2021ordered

Vijayakumar v. The Inspector Of Police

2021-07-08Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8554 of 2021

1. Vijayakumar

2. Dhanapal

3. Gowtham @ Gowthaman ... Petitioners/Accused 1,2,3 Vs The State Rep. by The Inspector of Police, Siruganur Police Station, Trichy District.

Crime No.493 of 2021. ... Respondent/Complainant For Petitioners : Mr.Milton Arun Rajendrn.J., 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.493 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A3 who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 448,506(ii) of IPC, in Crime No.493 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 24.06.2021 a shed was made in connection with the temple festival. The accused had picked up unnecessary fight with the defacto complainant's father and scolded him in filthy language. On the same day night a meeting was convened. The defacto complainant asked the accused as to why they scolded his father. At that time Vijayakumar, Dhanapal, Gowtham and Ponnambalam tried to attack him and that was prevented by the

villagers. On 25.06.2021 at about 7.00 pm.,the accused persons had picked up fight with his father and beat his father and mother. They attacked his wife and son and defacto complainant with iron rod. They also criminally intimidated them and ran away. Therefore, this case came to be registered.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is pending. However, he fairly concedes that A4 was released on bail by the trial Court and the injured has been discharged from the hospital.

5.Taking into consideration the facts and circumstances of the case and the fact that the injured has been discharged from the hospital and also the fact that except 324 and 506 (ii) of IPC, all other offences are bailable offences, 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 learned Judicial Magistrate, Lalgudi, Trichy District on condition that the petitioners shall execute a bond for a sum of Rs.

[b]the petitioners shall report before the respondent police, daily at 10.30 a.m., 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];

[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/07/2021 / TRUE COPY / / /2021 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, LALAGUDI, TRICHY DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.8554 of 2021 Date :08/07/2021 AAV TE/VR/SAR-III : 12/07/2021 : 3P/5C