Soosai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10560 of 2020

1. Soosai

2. Packiam

3. Rayappan @ Soosai Viyagulam

4. Dicke @ Anthonydicrose

5. Derose @ Xavier Derose,

6. Joseph

7. Aji @ Ajish ... Petitioners/Accused No. 1 to 7 Vs The Inspector of Police, Pamban Police Station, Rameswaram, Ramanathapuram District.

(Cr No.272 of 2020) ... Respondent/Complainant For Petitioners : M/s.D.Balamurugapandi, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Cr No.272 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) and 307 of IPC seek anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that on 21.09.2020, there was a wordy quarrel between the parties in which the petitioners herein

said to have abused the defacto complainant, attacked with deadly weapons and caused injuries.

4. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would also submit that the injured was already discharged from the hospital.

5. The learned Government Advocate(Crl.Side) would submit that the injured was already discharged from the hospital 6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the injured was already discharged from the hospital 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Munsif cum Judicial Magistrate, Rameswaram, Ramanathapuram 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, out of which one shall be blood related surety, 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 daily at 10.30 a.m., for a period of four weeks 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;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 09/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. MUNSIF CUM JUDICIAL MAGISTRATE, RAMESWARAM, RAMANTHAPURAM DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, PAMBAN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.10560 of 2020 Date :09/10/2020 AAV TE/SMA/SAR-II : 13/10/2020 : 3P/5C