Thenammal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Thenammal

2. Rajalakshmi ... Petitioners/Accused 4 & 6 Vs The State rep.by The Sub Inspector of Police, Rajapalayam North Police Station, Virudhunagar District (In Crime No.457/2019).

... Respondent/Complainant For Petitioners : Mr.M.JOTHIBASU, 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.457/2019 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 294(b), 341, 448, 506(i) IPC in Crime No.457 of 2019, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is an Advocate and the petitioners are neighbours. On 18.08.2019, the petitioners restrained the defacto complainant and scolded him in filthy language and also threatened him with dire consequences. Therefore, the present case came to be registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that investigation in this case is not completed and no one injured in the occurrence. 5.Considering the nature of offence and the fact that major offence is only under Section 506(i) IPC and also the fact that no one injured in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioners and accordingly, this criminal original petition is allowed.

6.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 Judicial Magistrate Court, Rajapalayam, Virudhunagar 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 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 Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police as and when required.

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

sd/- 05/08/2021 / TRUE COPY / / /2021 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.

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TO 1.THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE SUB INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to G.M.Law Office, Advocate SR.No.5144

ORDER

IN CRL OP(MD) No.10529 of 2021 Date :05/08/2021 SA/VR/SAR.2/18.08.2021/3P/6C 3/3