Nambiraj v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. NAMBIRAJ

2. AJITH KUMAR ... PETITIONERS/ACCUSED NO.1 & 2 VS STATE REP.BY THE SUB-INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT.

CRIME NO 239 OF 2020.

... RESPONDENT/COMPLAINANT For Petitioners: Mr.S.A.S.Alaudeen, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 239 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.239 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the driver of TATA Ace Van. On the date of occurrence, the petitioners were riding a bike in a rash and negligent manner as if to hit the defacto complainant's van. Consequently, there was a wordy quarrel between the petitioners and the defacto complainant, for which, the petitioners abused the defacto complainant by using filthy language and also assaulted him and caused injuries. Hence, the present complaint.

1/3

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the petitioners have been falsely implicated in this case. He further submitted that it is a case in counter, earlier the petitioners have been attacked by the defacto complainant and other accused persons and hence, the petitioners have given a complaint against the defacto complainant and other accused persons and the same has been registered in Crime No.238 of 2020, for the offence punishable under Sections 147, 148, 294(b), 323, 427 and 506(i) of IPC. As a counter blast, the present complaint has been registered. Hence, he seek anticipatory bail. 5.The learned Government Advocate (Crl.

Side), appearing for the respondent police submitted that it is a case in counter and the injured person has already been discharged from the hospital. 6.Considering the facts and circumstances of the case and also considering the fact that the occurrence said to have taken place in a wordy quarrel and it is a case in counter and the injured person has already been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Ramanathapuram, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police as and when required for interrogation.

(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 2/3

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/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/09/2020 / TRUE COPY / / /2020 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 NO.I, RAMANATHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE SUB-INSPECTOR OF POLICE KEELAKARAI POLICE STATION, KEELAKARAI, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.9124 of 2020 Date :04/09/2020 VSG JM/AKM/SAR IV/09.09.2020/3P/5C 3/3