Madras High CourtCRL OP(MD)/12461/2020ordered

Kannaiah @ Kannaiya v. The Inspector Of Police

2020-11-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/11/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Kannaiah @ Kannaiya

2. Karuppudurai

3. Ramakrishnan

4. Sakthivel

5. Durai @ Duraipandi

6. Govindaraj

7. Malaimurugan S/o.Ramakrishnan

8. Captan @ Captain

9. Malaimurugan S/o.Muthuselvam

10. Karumalaiyan

11. Mathiyazhagan

12. Ganiselvam @ Kaniselvam

13. Muthuselvam

14. Ajithkumar @ Ajith

15. Vijaya @ Vijayalakshmi

16. Shanmugavel

17. Panjavalli

18. Chithra

19. Mangalam @ Mangaleshwari

20. Kalaiselvi

21. Ramachandran

22. Panneerselvam @ Paneer

23. Neela

24. Alex @ Alexpandian

25. Vallimayil ... Petitioners/Accused 1 to 5,7, 11 to 26, 29 to 31 Vs State Rep. by The Inspector of Police, Elanjambur Police Station, Ramnad District.

Crime No. 177 of 2020.

... Respondent/Complainant 1/4

For Petitioners : Mr.D.Venkatesh, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Cr.No.177 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused Nos. 1 to 5, 7, 11 to 26, 29 to 31, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 448, 427, 379(NH), 506(i) and 307 of IPC, in Crime No.177 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a temple festival, due to previous enmity, a wordy quarrel arose between the petitioners and the defacto complainant, for which, the petitioners said to have attacked him with deadly weapons. Hence, the present complaint.

3.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 complainant and hence, a complaint has been registered as against the defacto complainant and the same has been registered in Crime No.178 of 2020 for the offence under Sections 147, 148, 294(b), 323, 324, 336 and 506(ii) of IPC and Section 4 of TNPHW Act. As a counter blast, the present complaint has been filed.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that it is a case in counter and the injured person has already been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that it is a case in counter and the injured person has already been 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 arrest or on their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate, Mudukulathur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees 2/4

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 for a period of four 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;

(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/- 05/11/2020 / 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 JUDICIAL MAGISTRATE, MUDUKULATHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3/4

3 THE INSPECTOR OF POLICE, ELANJAMBUR POLICE STATION, RAMNAD DISTRICT.

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

ORDER

IN CRL OP(MD) No.12461 of 2020 Date :05/11/2020 das JM/PN/SAR III/11.11.2020/4P/5C 4/4