Malathi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Malathi

2. Aruna Santhosh (*)3. Ajaylings @ Ajay ... Petitioner/Accused No.1 to 3 Vs The Sub Inspector of Police, Thisayanvilai Police Station Tirunelveli District.

Cr No.343/2024.

... Respondent/Complainant For Petitioners :

M/s.N.Karthikeyan, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.343/2024 on the file of the respondent Police. ORDER : The Court made the following order :- 1/5

The petitioners/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 427 and 506(i) IPC in Cr.No.343 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to property dispute, the petitioners herein have attacked the defacto complainant and also threatened him with dire consequences. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. 4.The learned Additional Public Prosecutor would submit that it is a case and counter case and the injured was discharged from the hospital. He would further submit that the investigation of the case is pending. 5.Considering the facts and circumstances of the case and also considering the fact that it is case and counter case and that the injured was already discharged from the hospital, 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 their 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, Radhapuram 2/5

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 respondent Police or to the Police Officer, who intends to arrest or 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 Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners shall report before the respondent police once in a week i.e., on every Sunday at 10.30 am until further orders. (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; 3/5

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

sd/- 01/07/2024 (*)Amended as per order of this Hon'ble Court in CRL MP(MD).7215/2024 in CRL OP(MD).

9593/2024 dated 19/07/2024 Time is extended by two weeks from the date of receipt of a copy of this order.

/ TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 10/07/2024 1 THE JUDICIAL MAGISTRATE, RADHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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

4/5

+1 CC TO MR.N.KARTHIKEYAN, Advocate, SR.No.8222[I] Dated 22/07/2024

ORDER

IN CRL OP(MD) No.9593 of 2024 Date :01/07/2024 SS/VR/SAR- /04/07/2024/5P/6C RS/JGB/SAR- /30/07/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5