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Madras High CourtCRL OP(MD)/9308/2020ordered

Dhanabalan v. The Inspector Of Police

2020-09-03Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN

1. Dhanabalan

2. Prabhakaran ... Petitioners/Accused No.1&2 Vs The State rep. by The Inspector of Police, Tirukostiyur Police Station, Sivagangai District.

Cr.No. 148 of 2020. ... Respondent/Complainant For Petitioner : M/s.K.S.Durai Pandian, Advocate.

For Respondent : M/s.S.E.Veronica Vincent, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.148 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners 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, 427, 506(i) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.148 of 2020, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that A-1 and A-2 are father-in-law and brother-in-law of the de-facto complainant. The de-facto complainant got married to one Tamil Ilakiya, the daughter of the 1st petitioner, due to family dispute, the daughter of the first petitioner went to her parental home. Therefore, the de-facto complainant and his mother went to the first petitioner's house and see his wife and children. At that time, there was a wordy quarrel 1/3

arose between the petitioners and the de-facto complainant, the petitioners said to have attacked the de-facto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that this is a case in counter. He would further submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the State would submit that this is a case in counter. He would further submit that due to family dispute between the parties, on the date of occurrence, there was a wordy quarrel arose between them, in which, the petitioners said to have attacked the de-facto complainant and his mother.

5.Considering the facts and circumstances of the case and also considering the fact that due to family dispute and the occurrence said to have taken place in a wordy quarrel and this is a case in counter, I am 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 four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tirupattur, Sivagangai District, on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to 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 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 2/3

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]; and;

(f)if the petitioners/accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/- 03/09/2020 / 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, TIRUPATTUR, SIVAGANGAI DISTRICT.

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

3. THE INSPECTOR OF POLICE, TIRUKOSTIYUR POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9308 of 2020 Date :03/09/2020 SJI SRS/ VR/ SAR-II/ 08.09.2020/ 3P/5C 3/3