Rajamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.07.2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Rajamani ... Petitioner/Accused Rank Not Known Vs State Represented by, The Inspector of Police, Kottar Police Station, Kanyakumari District.

Crime No.641/2021 ... Respondent/Complainant For Petitioner : M/s.T.Swathi Sankaravathanan For Respondent : Mr.M.Muthumanikkam, Counsel for Government of TamilNadu (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.641 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.641 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 24.06.2021, the accused had pushed the vehicle of the defacto complainant's son by using unnecessary cement sacks. When the same was questioned by the defacto complainant's son, the accused had beaten his head with key, as a result of which, he suffered injury. When the defacto complainant asked why her son was beaten, the petitioner/accused scolded her in filthy language. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner and the defacto complainant are close relatives. The defacto complainant is the wife of the petitioner's brother. It is a family dispute and this case has been falsely foisted against the petitioner. Therefore, he seeks anticipatory bail to the petitioner. 1/3

4.The learned Counsel for the Government of Tamil Nadu (Criminal Side) appearing for the respondent police opposed this petition on the ground that investigation is pending. He further submitted that the injured was treated as an out patient.

5. Considering the nature of the offence, relationship between the parties and the fact that the injured was treated as an out patient, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Nagercoil on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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 petitioner 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 petitioner shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 01/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.2, NAGERCOIL.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3.THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8607 of 2021 Date :01/07/2021 mbi TK/PN/SAR.4/06.07.2021/3P/5C 3/3