Vijayalakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. Vijayalakshmi
2. Rajamani
3. Surendhar ... Petitioners / Accused No.2 to 4 Vs State rep by The Inspector of Police, Thottiyam Police Station, Trichy District.
(Crime No.141 of 2023).
... Respondent / Complainant For Petitioners : M/s.AN.Ramanathan, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.141 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/Accused A2-A4, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 307 of I.P.C, in Crime No.141 of 2023, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that due to civil dispute between the parties, on 19.05.2023, the accused persons assaulted the defacto complainant and her son with mini aruval, in which, both were injured. Hence, the complaint.
1/3
3.The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against them, since there was a civil dispute between the parties. The injured have been discharged from the hospital. Hence, prays to release them on anticipatory bail.
4.The learned Government Advocate (Crl.Side) submitted that in this case, though the injured has been discharged from the hospital, the accused persons abused and assaulted the defacto complainant and her son. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that the injured have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.
Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thottiyam, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent Police daily at 10:30 a.m., for a period of two weeks, 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 released on bail by the learned Magistrate/Trial Court himself as laid down by the 2/3
Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 05/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM To 1.The Judicial Magistrate, Thottiyam, Trichy District.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Thottiyam Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.AN.RAMANATHAN, Advocate ( SR-8076[I] dated 06/06/2023 )
ORDER
IN CRL OP(MD) No.9564 of 2023 Date :05/06/2023 ED/BUC/SAR- (07/06/2023) 3P 6C 3/3