Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.07.2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN 1.Raja 2.Rajalakshmi 3.Sekar 4.Parimala ... Petitioners/Accused No.1 to 4 Vs The State Represented by, The Inspector of Police, Peravoorani Police Station, Thanjavur District.

Crime No.139 of 2021 ... Respondent/Complainant For Petitioners : Mr.M.Ramu, 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.139 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 294(b), 323, 324, 342 and 506(ii) of IPC in Crime No.139 of 2021, seek anticipatory bail.

2.The case of the prosecution is that there was a property dispute between the defacto complainant and the accused, due to which, the defacto complainant did not allow anyone to take water from the bore well. On 26.03.2021, at about 09.00 am, the accused were taking water from the bore well and when the defacto 1/3

complainant attempted to prevent them from taking water, the accused picked up fight with the defacto complainant and attacked him with aruval and wooden log. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. Therefore, he seeks anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) opposed this petition on the ground that investigation is still pending. He further submitted that the injured had been discharged from the Hospital.

5.Considering the fact that the incident had happened due to dispute with regard to division of property and the fact that the injured had been discharged from the Hospital, 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, Pattukkottai, 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 first and third petitioners shall report before respondent police daily at 10.30 am., until further orders. The second and fourth petitioners shall report before the respondent police as and when required.

[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]. 2/3

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

sd/- 05/07/2021 / 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, PATTUKKOTTAI, THANJAVUR DISTRICT.

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

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

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

+1 CC to M/s.M.RAMU, Advocate ( SR-4350[I] dated 06/07/2021 )

ORDER

IN CRL OP(MD) No.8781 of 2021 Date :05/07/2021 MBI JM/RSK/SAR V/07.07.2021/3P/6C 3/3