Palanisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Palanisamy 2.Pandiyammal 3.Muniyandi ... Petitioners/Accused 1st to 3rd Vs The State rep.by The Inspector of Police, Vadipatty Police Station Vadipatty Madurai District Crime No.1977 of 2020

...Respondent/Complainant

For Petitioners : Mr.B.RAJESH SARAVANAN, Advocate For Respondent : Mr.P.KOTTAI CHAMY Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1977 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(i) and 109 I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, in Crime No.1977 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner and the defacto complainant are husband and wife. The second petitioner is the wife of third petitioner and the third petitioner is the brother of the first petitioner. Due to family dispute, the petitioners assaulted the defacto complainant and also abused her in filthy language. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that the petitioners are innocents, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) would submit that the occurrence had taken place in the year 2020 and the injured was discharged from the hospital on 29.11.2020.

5.Taking into consideration of the facts and circumstances of the case, the fact that it was a family dispute, the occurrence had taken place in the year 2020 and the injured has been discharged from the hospital on 29.11.2020, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.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, Vadipatty, 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 learned 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 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 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/- 18/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 VADIPATTY.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE INSPECTOR OF POLICE, VADIPATTY POLICE STATION VADIPATTY MADURAI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.B.RAJESH SARAVANAN, Advocate SR.No.26694

ORDER

IN CRL OP(MD) No.11524 of 2021 Date :18/08/2021 SA/JC/SAR.2/31.08.2021/3P/6C 3/3