Karthick v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN 1.Karthick 2.Lakshmanan 3.Sakthi 4.Saravanan 5.Bose 6.Aravinth 7.Anjalidevi 8.Mani 9.Deivanai 10.Subramani 11.Vellaiyammal 12.Reka 13.Irulayee 14.Pandi Meenal ... Petitioners/ Accused Nos.1to7 & 9to15 Vs The State rep. by The Inspector of Police, Thondi Police Station, Ramanathapuram District.
Cr.No.241/2020 ... Respondent/Complainant For Petitioners: Mr.M.Ramu, Advocate.
For Respondent : Mr.K.R.Bharathi Kannan, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For an Anticipatory Bail in Crime No.241 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 to A7 & A9 to A15, 1/3
apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324 and 506(ii) IPC, in Crime No.241 of 2020 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to civil dispute, there was a wordy quarrel arose between the petitioners and the defacto complainant, in which, the petitioners said to have abused the defacto complainant by using filthy language and also attacked the defacto complainant and caused injuries. Based on the complaint given by the defacto complainant, the case has been registered against the petitioners.
3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent.
4.The learned counsel appearing for the petitioners submitted that it is a case in counter. The respondent police has registered the case in Crime No.242 of 2020 as against the defacto complainant. He further submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, they seek anticipatory bail.
5.The learned Government Advocate (Criminal Side), appearing for the respondent police submitted that it is a case in counter and injured person has already been discharged from the hospital. 6.Considering the facts and circumstances of the case and also considering the fact that due to civil dispute the occurrence said to have taken place and it is a case in counter and since the injured person has already been discharged from the hospital, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruvadanai, Ramnad 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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;
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(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]; and;
(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/10/2020 / 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, THIRUVADANAI, RAMNAD DISTRICT.
2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3. THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11026 of 2020 Date :08/10/2020 VSAD SRS/ AKM/SAR-IV/ 14.10.2020/ 3P/5C 3/3