Mohaniraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/11/2020 PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM

1. S.Mohaniraja

2. Thiruchudaiyal

3. Sethurani

4. Prema

5. Vijayakumar

6. Anabalagan

7. Vellimalai ... Petitioners/Accused 1 to 7 Vs The State through, The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

Cr.No. 118 of 2020. ... Respondent/Complainant For Petitioners : Mr.P.Manikandan, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.118 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 to A7, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b) and 506(i) IPC, in Crime No.118 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the petitioners are that they have been falsely implicated unnecessarily.

3.The learned Government Advocate (Crl. Side) brought to the notice of this Court that a counter case was filed against the defacto complainant. The offences are punishable for simple injuries and there is group clash between two groups.

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4.This being the factum brought to the notice of this Court, the petitioners are enlarged on anticipatory bail. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Muthukulathur, Ramanathapuram District, and on their executing 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 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 morning at 10.00 a.m., without fail, for a period of Two Weeks and thereafter as on 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;

(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/- 09/11/2020 / 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.

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TO 1.THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3.THE INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.12509 of 2020 Date :09/11/2020 IAS/VSD PK/AKM/SAR-II/11.11.2020 : 3P/5C 3/3