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Madras High CourtCRL OP(MD)/12369/2020ordered

Paneerselvam v. The Inspector Of Police

2020-11-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN

1. Paneerselvam

2. Sanjeeve

3. Ramaiah

4. Rajapriya ... Petitioners/Accused Nos.1to4 Vs The State rep. by The Inspector of Police, Annavasal Police Station, Pudukkottai District.

Crime No. 458 of 2020. ... Respondent/Complainant For Petitioners: M/s.P.Ganapathi Subramanian, Advocate.

For Respondent : Mr.Kr.Bharathi Kannan, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.458 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.A1 to A9, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) of IPC r/w Section 4 of the Tamil Nadu Prevention of Women Harassment Act, 1998, in Crime No..458 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainants, in which, both the petitioners and the defacto complainant and her husband said to have attacked each other. Hence, the present complaint. 1/3

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

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. He further submitted that it is a case in counter, earlier the petitioners have been attacked by the defacto complainants and hence, the petitioners have given a complaint against the defacto complainant and the same was registered. As a counter blast, the present complaint has been filed. Hence, he seek anticipatory bail.

5.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that it is a case in counter and the injured sustained only simple injury and she was treated as out patient.

6.Considering the facts and circumstances of the case and also considering the fact that it is a case in counter and the injured sustained only simple injury and she was treated as out patient, hence, I am 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 their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned District Muncif Cum Judicial Magistrate, Keeranur, 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 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 daily at 10.30 a.m without fail for a period of two weeks and thereafter, 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;

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(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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/11/2020 / 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 DISTRICT MUNCIF CUM JUDICIAL MAGISTRATE, KEERANUR.

2. -DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12369 of 2020 Date :04/11/2020 DSS SRS/AKM/SAR-IV/24.11.2020/3P/5C 3/3