Tamilarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Tamilarasan

2. Thanasekar @ Stalin

3. Karthick

4. Muthukumar

5. Thanasekaran

6. Durairaj

7. Muniappan

8. Chinnakannu ... Petitioners / Accused Nos. 1 to 8 Vs The State rep by The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.158 of 2022.) ... Respondent / Complainant For Petitioner : M/s.Pakalavan, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.158 of 2022 on the file of the Respondent Police.

[Offences amended vide order dated 12.08.2022 in Crl.M.P.(MD)No.9042 of 2022] 1/3

ORDER : The Court made the following order :- The petitioners/A1 to A8, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii),379(NH) and 307 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.158 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute between both the families, the petitioners abused the de-facto complainant in filthy language, attacked him with weapons and also threatened him with dire consequences. Hence, the case. 3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

5.Accordingly, 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 on which the order copy made ready, before the learned Additional Mahila Court, Sivagangai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity.

[b] the petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, 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 2/3

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 229A IPC.

sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judge, Additional Mahila Court, Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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

+1 CC to M/s.S.PAKALAVAN, Advocate ( SR-3604[I] dated 07/03/2023 )

ORDER

IN CRL OP(MD) No.11415 of 2022 Date :07/03/2023 ED/CG/SAR-2 (20/03/2023) 3P 5C 3/3