Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Velmurugan 2.Suresh 3.Kaleeswaran 4.Udhaya Kumar 5.Pandi @ Pandiyan 6.Siva Shankar 7.Ayyanar ... Petitioners/Accused Nos.1 to 7 Vs The State rep.by The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

Crime No.216 of 2020. ... Respondent/Complainant For Petitioners : M/s.M.S.Jeyakarthik, Advocate.

For Respondent : Mrs.M.Anandha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.216 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-7 apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323 and 506(ii) of IPC, in Crime No.216 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners herein and the defacto complainant are belongs to same village. The allegation is that, in a wordy quarrel, the petitioners said to have assembled unlawfully with deadly weapons and abused the defacto complainant using filthy language and assaulted him and caused injuries and also made life threat with dire consequences. Hence, the complaint. 1/3

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. 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 (Crl. Side), on instructions, submitted that this is a case in counter and the injured was treated as out patient.

6.Considering the fact and circumstances of the case and considering the fact that this is case in counter and the occurrence said to have taken place in a wordy quarrel and the injured was treated as outpatient, 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, Paramakudi, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall appear before the respondent police 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;

2/3

(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, PARAMAKUDI.

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

3.THE INSPECTOR OF POLICE, CHATRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.6815

ORDER

IN CRL OP(MD) No.10771 of 2020 Date :05/10/2020 KSA TK/VR/SAR.4/08.10.2020/3P/6C 3/3