E. Sokkan @ Sokkanathan @ Sathish v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.05.2024 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Sokkan @ Sokkanathan @ Sathish 2.Karuppasamy 3.Kannan ... Petitioners / Accused Rank Not Known Vs The State represented by The Inspector of Police, Gujjiliamparai Police Station, Dindigul District.

Ref:Crime No.166 of 2024) ... Respondent/Complainant For Petitioners : Mr.D.Shanmugaraja Sethupathi,Advocate. For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No. 166 of 2024 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioners / Accused Rank Not Known, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 109, 120(B), 341, 294 (b), 341 & 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.166 of 2024, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is an Auto driver and the accused persons are Taxi drivers. Both stands are situated side by side. Due to previous enmity, on 06.05.2024 the accused persons attacked the defacto complainant and caused injuries to him. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that no one has sustained injury in this case and no previous case is pending against the petitioners. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioners herein are arrayed as A6, A7 & A5. A1 was already arrested and still in custody. He would further submit that no one has sustained injury in this case and no previous case is pending against the 2/5

petitioners.

5. Taking into consideration the facts and circumstances of the case and also the fact that no one has sustained injury and no previous case is pending against the petitioners, this Court is 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 fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Vedasanthur, Dindigul 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 learned Magistrate concerned and on further conditions 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 Aadhaar 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 15 days and thereafter, as and when required for interrogation. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioners shall not abscond either during investigation or trial. 3/5

[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 are 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 229-A IPC.

sd/- 15/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

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THE SUB INSPECTOR OF POLICE GUJJILIAMPARAI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.SHANMUGARAJA SETHUPATHI.D, Advocate ( SR-5529[I] dated 16/05/2024 )

ORDER

IN CRL OP(MD) No.7098 of 2024 Date :15/05/2024 PKP/VR/SAR /22.05.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5