Ramachandran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/05/2023 PRESENT The Hon`ble Mr.Justice P.VADAMALAI
1. Ramachandran,
2. Muthulakshmi, ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
Crime No.104 of 2023. ... Respondent/Complainant For Petitioners : M/s.Veerakumar.T, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.104 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.104 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant and the petitioners are relatives. Due to pathway dispute, the petitioners abused the defacto complainant and also assaulted her. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the case in counter is pending in Crime No.103 of 2023 against the defacto complainant.
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4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there was a pathway dispute between the petitioners and the defacto complainant and the injuries are simple in nature and the petitioners are not having any previous case.
5. Taking into consideration the facts and circumstances of the case and also the facts that the injuries are simple in nature and that there is a case in counter, 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 on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, 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 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, 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 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 are 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 absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 24/05/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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LS TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, KARAIKUDI SOUTH POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9445 of 2023 Date :24/05/2023 PKP/BUC/SAR- /02.06.2023/ 3P/5C 3/3