Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI 1.Nagaraj 2.Sivachidambaram 3.Karthikeyan 4.Ganesan 5.Sundar 6.Maruthupandi 7.Manickakannan 8.Akash ... Petitioners/Accused Vs State rep.by The Inspector of Police, Thirukoshtiyur Police Station, Sivagangai District.

(In Crime No.53 of 2023) ... Respondent/Complainant For Petitioners: M/s.A.Devaki, Advocate For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.53 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, 341, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.53 of 2023 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that due to family dispute between the parties, the accused persons said to have abused and assaulted the defacto complainant and also threatened with dire consequences. Hence, the complaint.

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.The learned Government Advocate (Crl.Side) appearing for the State would submit that investigation is in progress. 5.Considering the facts and circumstances of the case and also considering the nature of the dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.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 Judicial Magistrate, Thiruppathur, 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 learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the 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;

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(f)if the accused / petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 18/05/2023 / TRUE COPY / 24/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUKOSHTIYUR POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9128 of 2023 Date :18/05/2023 SA/24.05.2023/3P/5C 3/3