A.Gandhi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. A.Gandhi

2. A.Mathivanan

3. A.Saravanan ... Petitioners/Accused Rank not known Vs The State Represented by, The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime.No.607 of 2021).

... Respondent/Complainant For Petitioner : Mr.R.Venkateshwar, 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.607 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 342, 323 and 506(i) IPC in Crime No.607 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant's father is a mentally challenged person. He is being given treatment at home. On 25.06.2021, at about 08.00 pm., when his father visited near the house of his brothers Gandhi, Mathivanan, Saravanan, they had beaten him, without any dress on his body. When the defacto complainant questioned, the accused threatened him that he would be 1/3

murdered. The persons nearby videographed the incident and shared the same in social media. Hence, the complaint. 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 father of the defacto complainant acted erratically and in an attempt to control him, the petitioners exercised minimum force. 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 person has been treated as out patient. 5.Reading of FIR reveals that the petitioners said to have beaten their brother, who was mentally challenged. The case of the petitioners is that they just tried to control their brother, who acted erratically. It is seen that the injured person has been treated as out patient. Considering the fact that the parties are relatives, 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, Pattukottai, Thanjavur District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 Aadhar card or Bank pass Book to ensure their identity.

[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 2/3

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/- 13/07/2021 / 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, PATTUKOTTAI, THANJAVUR DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.8565 of 2021 Date :13/07/2021 GNS PK/VR/SAR-II/15.07.2021 : 3P/5C 3/3