Chinnakannu v. The 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. Chinnakannu, ... 1st Petitioner / Accused No.1

2. Sudhakar,

3. Paratheeswaran, ... Petitioners 2 & 3/Unnamed Accused Vs State rep by The Inspector of Police, Manapparai Police Station, Trichy District.

Cr.No.1654 of 2020.

... Respondent/Complainant For Petitioners : M/s.Prabhu M, 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. 1654 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offence punishable under sections 294(b), 323, 324, 506(2) and 379 I.P.C, in Crime No.1654 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to previous motive between the petitioners and the defacto complainant, the petitioners abused the defacto complainant in filthy language and also assaulted him. Hence, the complaint.

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3.The learned counsel for the petitioners submits that the petitioners are innocents, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, would submit that injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case and the injured was discharged from the hospital, this Court is inclined to grant Anticipatory Bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manapparai, Trichy District, within a period of fifteen days from the date of receipt of a copy of this order, on their executing 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 said Magistrate 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 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]. [f] If the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, Manapparai, Trichy District.

2.Do-Through The Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Manapparai Police Station, Trichy District.

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

ORDER IN CRL OP(MD) No.10688 of 2021 Date : 05/08/2021 TR/PN/SAR-III (19.08.2021) 3P 5C 3/3