Ramalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN 1.Ramalingam 2.Shanthi

...Petitioners/Accused

Rank Not Known Vs State represented through, The Inspector of Police, Vaiyampatti Police Station, Trichy District.

(Crime No.824 of 2020) ... Respondent/Complainant For Petitioners: Mr.P.Ganapathi Subramanian, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For an Anticipatory Bail in Crime No.824 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) IPC, in Crime No.824 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to land dispute, there was a wordy quarrel between the petitioners and the defacto complainant, in which, the second petitioner said to have attacked the defacto complainant and caused injury. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioners 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. He further submitted that it is a case in counter, earlier the second petitioner has been attacked by the defacto complainant and hence, the second petitioner given a complaint against the defacto complainant and the same was registered in Crime No.825 of 2020. As a counter blast, the present complaint has been filed. Hence, he seek anticipatory bail to the petitioners.

5.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that the petitioners said to have attacked the defacto complainant and caused injury to him. However, he further submitted that the injured sustained only simple injury and he has been treated as out patient.

6.Considering the facts and circumstances of the case and considering the fact that it is a case in counter and the injured sustained only simple injury and he has been treated as out patient, 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 on their appearance before the learned Judicial Magistrate, Manaparai, and 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 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;

(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;

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(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/10/2020 / 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, MANAPARAI, TRICHY DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISRATE, TRICHY DISTRICT 3.THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.11151 of 2020 Date :12/10/2020 VSD PK/AKM/SAR-2/15.10.2020 : 3P/5C 3/3