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Madras High CourtCRL OP(MD)/10778/2020ordered

M.Mukilan v. The Sub Inspector Of Police

2020-10-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN

1. M.Mukilan

2. M.Gomathi

3. B.Prabhu

4. P.Jeyamathi

5. K.Pazhanikumar

6. Ponmalar ... Petitioners/Accused 1-6 Vs The State rep. by The Sub-Inspector of Police, Melavalavu Police Station, Madurai District.

Cr.No. 1160 of 2020. ... Respondent/Complainant For Petitioners: M/s.S.Arunnithy, Advocate.

For Respondent : Mr.K. R. Bharthi Kannan, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.1160 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners who are arrayed as A-1 to A-6 apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 324, 427 and 506(ii) of IPC and Section 4 of TNWH Act, in Crime No.1160 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant, the petitioners said to have abused the defacto complainant and his wife using filthy language and assaulted them and also made life threat. Hence, the complaint.

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3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that this is a case in counter. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he seek anticipatory bail. 5.The learned Government Advocate (Criminal Side), on instructions, submitted that this is a case in counter. He further submitted that civil dispute is pending between the parties and the injured person has already been discharged from the hospital. 6.Considering the fact and circumstances of the case and considering the fact that this is case in counter and civil dispute is pending between the parties and the injured person has already been 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 four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioner Nos.1,3,5 shall report before the respondent police daily morning at 10.30 a.m., without fail, for a period of Two Weeks and thereafter as on 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;

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

sd/- 05/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, MELUR, MADURAI DISTRICT.

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

3. THE SUB-INSPECTOR OF POLICE, MELAVALAVU POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/S.S.ARUNNITHY, Advocate ( SR-6806[I] dated 06/10/2020 )

ORDER

IN CRL OP(MD) No.10778 of 2020 Date :05/10/2020 KSA SRS/ AKM/ SAR-III/ 08.10.2020/ 3P/6C 3/3