Kaviyarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY 1.Kaviyarasan 2.Saraswathi 3.Vigneswari 4.Kavitha ... Petitioners /Accused Nos.1 to 4 Vs State rep. by The Inspector of Police, Aranthangi Police Station, Pudukkottai District, (Crime No.222 of 2024) ... Respondent/Complainant For Petitioners :

Mr.S.Pragadeeswaran, Advocate For Respondent :

Mr.M.Sakthi Kumar Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.222 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- 1/5

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 341 & 506(ii)of IPC in Crime No.222 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to civil dispute, the petitioners are waylaid the occurrence spot and abused with filthy language and attacked the defacto complainant with hands and also threatened him with dire consequences. 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 Government Advocate (Criminal Side) appearing for the respondent police would submit that no one is injured in this case. 5.Taking into consideration the facts and circumstances of the case and also the facts that the no one is injured in this case, 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 learned Judicial Magistrate, Aranthangi, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum 2/5

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 1 st petitioner shall report before the Illupur Police Station, Pudukkottai, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. The petitioners 2 to 4 shall report before the Aranthangi Police Station, Pudukkottai, once a week, i.e.,on every Monday, at 10.30 a.m., for a period of 4 weeks 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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/- 22/05/2024 (*)(Modified as per order of this Hon'ble Court in CRL MP(MD).6321/2024 in CRL OP(MD).

7590/2024 dated 25/06/2024) / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RMI TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 28/05/2024 1 THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

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COPY TO:

THE INSPECTOR OF POLICE ILLUPUR POLICE STATION, PUDUKKOTTAI.

ORDER IN CRL OP(MD) No.7590 of 2024 Date :22/05/2024 SS/JGB/SAR- /27/05/2024/5P/6C RS/GS/SAR- /03.07.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5