M.Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.10935 of 2022 1.M.Balamurugan 2.Mathiyalagan
...Petitioners/Accused Nos.2&3
Vs.
The State represented by The Inspector of Police, Contonment All Women Police Station, Trichy District.
(Cr.No.09 of 2022)
...Respondent/Complainant
For Petitioner : Mr.S.Veerapandi Selvaraj Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.9 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused Nos.2 and 3, apprehending arrest at the hands of the respondent police for the offences punishable under sections 498(A), 294(b), 323, 506(i) of IPC., on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the first accused is the husband of the defacto complainant. The defacto complainant is working at Punjab National Bank. On 13.04.2022 at about 7.30 p.m., the first accused along with his brother went to the bank to get loan in their mother's name for purchasing the land, but the de facto complainant refused the same. Hence, the first accused assaulted the defacto complainant with helmet. Thereafter, on 27.05.2022 at about 2.30 p.m. the petitioners mis-represented the Bank Manager that the defacto complainant stole jewels from their house and abused her with filthy language and also threatened her with dire consequence. Hence, the complaint.
3.Heard both sides and perused the materials available on record.
4.Considering the facts and circumstances of the 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 their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Additional Mahila Court, Trichy District, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 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;
(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL MAHILA JUDGE, TRICHY DISTRICT.
2 THE INSPECTOR OF POLICE CANTONMENT ALL WOMEN POLICE STATION, TRICHY DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.VEERAPANDI SELVARAJ S Advocate SR.No.3570
ORDER
IN CRL OP(MD) No.10935 of 2022 Date :07/03/2023 SS/CG/SAR IV/23/03/2023/3P/5C