Pandiyarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY 1.Pandiyarajan 2.Ravichandran 3.Dhanalakshmi 4.Sivakami ... Petitioners/Accused Nos.1 to 4 Vs The State represented by, The Inspector of Police, Thirupparankundram L & O Police Station, Madurai District.

(Crime No.226 of 2024) ... Respondent/Complainant For Petitioners : Mr.P.Manikandan, Advocate For Respondent : Mr.M.Muthumanikkam Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.226 of 2024 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(i) IPC and Section 4 of TNPWH Act in Crime No.226 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to family dispute, the petitioners along with other accused attacked the defacto complainant. 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.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the injured has already been discharged from the hospital.

5. Heard the learned counsel for the petitioner and also the learned Additional Public Prosecutor.

6.Taking into consideration the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, 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 2/5

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 No.VI, Madurai on condition that * the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with common sureties 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 30 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. [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]. 3/5

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

sd/- 24/05/2024 (*)Corrected as per order of this Hon'ble Court in CRL OP(MD).7300 of 20234 Dated 12.06.2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PS TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 24.05.2024 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE THIRUPPARANKUNDRAM L AND O POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7300 of 2024 Date :24/05/2024 4/5

SS/VR/SAR- /29/05/2024/5P/5C ED/JGB/SAR- /19/06/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5