Viswanathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN 1.Viswanathan 2.Shanmugam 3.Paneerselvam ... Petitioners/Accused Vs State rep.by, The Inspector of Police, Kattuputhur Police Station, Tiruchirappalli District.
Crime No.217/2021. ... Respondent For Petitioners : Mr.B.Vetrivel, 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. 217 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 307 of IPC, in Crime No.217 of 2021, seek anticipatory bail.
2.The defacto complainant has criminal cases pending against him in karur and he came out on bail. The case of the prosecution is that on 25.06.2021 at about 09.00 p.m., he came to his house at Seelaipillaiyarpudhur. At that time the accused had come there and scolded him in filthy language and attacked him with wooden log alleging that why he had come to his house inspite of warning given not to come, as a result he suffered injuries. Therefore, this case came to be registered.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in 1/3
this case. Infact the defacto complainant was an accused in several cases.
4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is pending. However he fairly concedes that the injured has been discharged from the hospital.
5. It is the case were the defacto complainant with some criminal cases against him came to the house and it was objected by the accused persons during the course of the objection he suffered injuries.
6.Taking into consideration the facts and circumstances of the case and the fact that the injured has been discharged from the hospital and also the fact that except 307 of IPC, all other offences are bailable offences, this Court is 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 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, Musiri 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 petitioners shall report before the respondent police, daily at 10.30 a.m., until further orders;
[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/- 07/07/2021 / 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, MUSIRI.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.
3.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TIRUCHIRAPPALLI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8917 of 2021 Date :07/07/2021 AAV PK/AKM/SAR-II/09.07.2021 : 3P/5C 3/3