Palaniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Palaniyandi,

2. Karuppasamy, ... Petitioners/Accused Nos.1 & 2 Vs THE STATE REP BY, The Inspector of Police, Aviyur Police Station, Virudhunagar District.

Crime No.127 of 2022.

... Respondent/Complainant For Petitioner : MR.P.Balamurugan,Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.127 of 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 and 506(ii) IPC, in Crime No.127 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there are two civil suits pending between the parties, the petitioners were trying to put up thatched shed on the disputed property. When the same was questioned by the de-facto complainant and his brothers, the petitioners abused them in filthy language and attacked them 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. He would further submit that the counter case in Crime No.126 of 2022 is pending against the de-facto complainant and party.

4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital. 5.Considering the fact that there existed civil 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, all other offences are bailable in nature and that the counter case in Crime No.126 of 2022 is pending against the de-facto complainant and party, 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 Court No.

II, Virudhunagar, on condition that the petitioners shall execute a bond for a sum of Rs.

(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/- 15/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE AVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.BALAMURUGAN, Advocate ( SR-5550[I] dated 15/06/2022 )

ORDER

IN CRL OP(MD) No.10574 of 2022 Date :15/06/2022 sji PKP/SVR/SAR-2/21.06.2022/3P/6C 3/3