Siraimettan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.Siraimettan 2.Pandiyammal 3.Kalamani ... Petitioners/Accused Nos. 1 to 3 Vs The State rep.by The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
(Crime No.168 of 2023) ... Respondent/Complainant For Petitioners : Mr.S.Muniyandi,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.168 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent 1/5
police for the offences punishable under Sections 294(b), 324, 506(ii) IPC and Section 4 of TNPHW Act in Crime No.168 of 2023, seek anticipatory bail. 2.The case of the prosecution is that due to land dispute, the petitioners abused the defacto complainant in filthy language and also attacked her. Hence the case. 3.Heard both sides and perused the materials available in the record. 4.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions: 5.
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 on which the order copy made ready, before the learned (*)District Munsif Cum Judicial Magistrate, Thiruppuvanam, on condition that the petitioners shall execute a bond for a sum of Rs.
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 first petitioner 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 and the 2nd & 3rd petitioners shall report before the respondent police as and when required.
[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 3/5
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 229A IPC.
sd/- 09/06/2023 (*)AMENDED AS PER ORDER OF THIS COURT DATED 03.08.2023 IN CRL MP (MD)NO.11098 OF 2023 IN CRL OP(MD) NO.10096 OF 2023 TIME FOR EXECUTION OF SURETIES IS EXTENDED FURTHER FOR A PERIOD OF FIFTEEN DAYS FROM THE DATE OF RECEIPT OF COPY OF THIS ORDER DATED 03.08.2023 IN CRL MP(MD) NO.11100 OF 2023 IN CRL OP(MD) NO.10096 OF 2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS 4/5
TO TO BE SUBSTITUTED WITH THE ORDER DATED 09/06/2023 ALREADY DESPATCHED THE JUDICIAL MAGISTRATE, MANAMADURAI
2. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPUVANAM.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
THE SUB INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10096 of 2023 Date :09/06/2023 PKP/CG/SAR- /21.06.2023/ 5P/5C RK/VR (07/08/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5
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