Thriumeniselvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10500 of 2023 1.Thirumeniselvam 2.Thirumurugan ... Petitioner 1 & 2/Accused 1 & 2 Vs.
The State represented by The Inspector of Police, Karambakudi Police Station, Pudukkottai District.
Crime No.142 of 2023.
... Respondent/Complainant For Petitioners : M/s.Maniyarasu K.C., 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 Crime No.142 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324, 506(i) of I.P.C. r/w. Section 4 of TNPHW Act, in Crime No. 142 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners abused the defacto complainant and also attacked her.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and a false case has been foisted against them.
4. The learned Additional Public Prosecutor(Cri.Side) appearing for the respondent would submit that the injured has been discharged from the hospital and the investigation is pending.
5. Heard. Perused the materials available on record including the First Information Report.
6. Taking into consideration of the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Karambakudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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., for a period of four weeks and thereafter, on every saturday at 10.30 a.m., 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 14/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
LS
TO 1 THE JUDICIAL MAGISTRATE, KARAMBAKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.
3 THE INSPECTOR OF POLICE KARAMBAKUDI POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10500 of 2023 Date :14/06/2023 SS/BUC/19/06/2023/3P/5C