James v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI

1. James

2. Lurthusamy

3. Arokkiyamerry

4. Devanesan

5. Rayappan Larans @ Larans

6. Jeganathan

7. Jesu

8. Lilli Theresh ... Petitioners/Accused No.1 to 6,8 to 9 Vs The State rep. by The Inspector of Police, Parthipanoor Police Station, Ramanathapuram.

(Crime No.85 of 2023).

... Respondent/Complainant For Petitioner : M/s.Senthilkumar.R, Advocate.

For Respondent : Mr.SS.Madhavan, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.85 of 2023 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 alleged offences punishable under Sections 147, 148, 294(b) 323, 324, 506(ii) IPC r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.85 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners assembled and assaulted the victims and also abused in filthy language 1/3

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. Since this is a case of case and counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only),each with common surety 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 Aadhaar card or bank pass book to ensure their identity;

(b)since petitioners 1 and 4 are working in Bangalore, they shall report before the respondent police as and when required for interrogation and the other petitioners shall report before the respondent police on every Wednesday at 10.30 am., for a period of eight weeks and thereafter, 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;

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

sd/- 17/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU 2/3

TO

1. The Judicial Magistrate, Paramakudi.

2. Do through the Chief Judicial Magistrate, Ramanathapuram.

3. The Inspector of Police, Parthipanoor Police Station, Ramanathapuram.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.SENTHIL KUMAR, Advocate (SR-7472[I] dated 18/05/2023 )

ORDER

IN CRL OP(MD) No.8721 of 2023 Date : 17/05/2023 NA/CG/SAR- /22.05.2023/3P/6C 3/3