Rajaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.10116 of 2021

1. Rajaraman

2. Sumithara

3. Gomathi

4. Guna ... Petitioners/A1 to A4 Vs The State rep by The Inspector of Police, Thiruppanathal Police Station, Thanjavur District.

(Crime No. 764 of 2021). ... Respondent/Complainant For Petitioners : Mr.Karunakaran K.M., Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 764 of 2021 on the file of the Respondent police ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.764 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 03.07.2021 night the accused scolded the defacto complainant's wife and asked for defacto complainant and then he left. At about 7.30 pm., on the same day the defacto complainant visited the house of the first accused Rajaraman and asked him why he had behaved badly with his wife. Then Rajaraman hit him casuarina stick on his head, his wife Sumithra was also attacked by Rajaraman. One Guna attacked the sister of the

defacto complainant and Gomathi threw chilly powder on them. Therefore, this case came to be registered.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation is pending. However, he fairly concedes that the injured has been discharged from the hospital.

5. It is seen that due to previous motive two parties fought against each other and there and here is exchange of blows. 6.Taking into consideration the facts and circumstances of the case and the fact that the injured has been discharged from the hospital and also the fact that except 324 and 506 (ii) of IPC, all other offences are bailable offences, 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, Thiruvidaimaruthur 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 a.m., until further orders;

[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];

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

Sd/- 29/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, THIRUPPANATHAL POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.10116 of 2021 Date : 29/07/2021 VB/JM/SAR.III/02.08.2021/3P/5C