Govindasamy 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.Govindasamy 2.Thangarasu, 3.Ragupathiraman, 4.Balasubramani Alais Balasubramaniayan, 5.Kalarani, 6.Chinnadurai, ... Petitioners/Accused 1 TO 6 Vs The Inspector of Police, Manapparai Police Station, Trichy District Cr.No.215 of 2024.
... Respondent/Complainant For Petitioners : Mr. B.Prahalad Ravi, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.215 of 2024 on the file of the respondent police 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 147, 341, 294(b), 323, 324 and 506(ii) of IPC in Crime No.215 of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 19.05.2024, the petitioners have assaulted the defacto complainant in a temple festival and thereby, they have sustained injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence. The defacto complainant has assaulted the petitioners and due to the injuries sustained, they have admitted in the Hospital and took treatment. 2/5
4.The learned Additional Public Prosecutor appearing for the respondent police submits that there is a case and counter case. He further submits that the injured persons have been discharged from the Hospital.
5. Heard the learned counsel for the petitioners and also the learned Additional Public Prosecutor.
6.Taking into consideration the facts and circumstances of the case, 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 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, Manapparai 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, until further orders. They shall co-operate for interrogation. 3/5
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]. f) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 24/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN TO 1 THE JUDICIAL MAGISTRATE MANAPPARAI.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-5848[I] dated 24/05/2024 )
ORDER
IN CRL OP(MD) No.7717 of 2024 Date :24/05/2024 SS/GS/SAR- /29/05/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5