Chandrasekar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Chandrasekar 2.Selvam ... Petitioners/Accused No.2&3 Vs The State through The Inspector of Police, Lalgudi Police Station, Trichy District.
Crime No. 177 of 2023.
... Respondent/Complainant For Petitioners : Mr.P.Ganapathi Subramanian, Advocate For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR Anticipatory BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.177 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324, 427 and 506(ii) of IPC and Section 4 of the TNPWH Act, 2002 in Crime No.177 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant and his wife run a pottery in Trichy Main Road, Mandhurai, Lalgudi Taluk, whereas the petitioners/A2 and A3, the brothers of the complainant carries out similar business in the adjacent shop. When the complainant was out of station on 10.04.2023 and his wife was in-charge of the shop, the petitioners along with A1 had interrupted her from carrying out business and when the same was questioned by her, the petitioners along with A1 abused, threatened and also attacked her. Thereby, she got injuries. Hence, the complaint.
3. Heard both side and perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts and circumstances of the case and also the fact that the injured discharged from the hospital, the custodial interrogation of the petitioners does not 1/3
require. Therefore, this Court is inclined to grant anticipatory bail to the petitioners , with certain conditions:
5. 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 on which the order copy made ready, before the learned Judicial Magistrate, Lalgudi, Trichy 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, failing which, the petition for anticipatory bail shall stand dismissed 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, daily at 10.30 a.m., for a period of two weeks and thereafter 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 21/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.
3.THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7449 of 2023 Date :21/04/2023 RK/SSS/SAR-3(02/05/2023) 3P/5C 3/3