K.Shanmugam @ Shanmugasundaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR (*)1.K.Shanmugam @ Shanmugasundram

2. S.Meena, ... Petitioners/Proposed Accused 1 & 2 Vs THE STATE REP BY, The Inspector of Police, Keelavalavu Police Station Madurai District.

(Crime No.136/2022).

... Respondent/Complainant For Petitioner : MR.C.R.Ponnuthai, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.136/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable (*)under Sections 294(b), 323, 324, 506(ii),342 of IPC, in Crime No.136 of 2022, seek anticipatory bail.

2.The case of the prosecution is that due to property dispute between the parties, the petitioners abused the de-facto complainant in filthy language and attacked him and also caused injuries. Hence the complaint.

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3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital and that the petitioners are having no previous case.

5.Considering the fact that there existed property dispute between the parties and also the facts that the injured was already discharged from the hospital, that except the offence under Section 506(ii) IPC, other offences are bailable in nature and that the petitioners are not having any bad antecedents, 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 their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five 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 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30 am for a period of one month 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]; and;

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(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/06/2022 (*)Amended as per order of this Hon'ble Court dated 30.06.2022 in CRL.MP(MD)No.7352 of 2022 in CRL OP(MD)No.10304 of 2022 by GIJ.

/ TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO TO BE SUBSTITUTED WITH THE ORDER DATED 10/06/2022 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, MELUR 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE KEELAVALAVU POLICE STATIN, MADURAI DISTRICT.

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

+1 CC to M/s.N.MOHAMED AYYADURAI., Advocate ( SR-5369[I] dated 10/06/2022 )

ORDER

IN CRL OP(MD) No.10304 of 2022 Date :10/06/2022 sji PKP/JM/SAR /16.06.2022/3P/6C RK/JM/SARI/12/07/2022 3P/6C 3/3