Manimuthu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Manimuthu 2.Pandiyammal ... Petitioner/Accused Nos.1&2 Vs State Rep by The Sub Inspector of Police, Watrap Police Station, Virudhunagar District Crime No.154/2021. ... Respondent/Complainant For Petitioners : M/s.Jothibasu M, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.154/2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/A1 and A2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(2) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.154 of 2021 on the file of the respondent police, seek anticipatory bail. 1/3

2.The case of the prosecution is that the defacto complainant is the mother-in-law of the first petitioner and mother of the second petitioner herein. The defacto complainant is having some disputes with her daughter-in-law. When the defacto complainant abused her daughter-in-law, the petitioners condemned the defacto complainant and assaulted her on 16.07.2021. Hence, the complaint. 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. The defacto complainant has lodged a false complaint with an intention to settle the family dispute. Hence, he seeks anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police, on instructions, would submit that it is a dispute among the family members and the injured has been discharged from the hospital.

5.Taking into consideration the facts and circumstances of the case, the nature of offence committed by the petitioners and their relationship that they are being the family members of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of 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 No.I, Srivilliputhur, 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 learned 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 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 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/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA 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 JUDICIAL MAGISTRATE NO.I SRIVILLIPUTHUR 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR AT SRIVILLIPUTHUR.

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

+1. CC to M/S.JOTHIBASU M Advocate SR.No.25259 dated 04/08/2021

ORDER

IN CRL OP(MD) No.10143 of 2021 Date :04/08/2021 PKP/JM/SAR2 10/08/2021 :P3:6C 3/3