R. Yogesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.12640 of 2021

1. R.Yogesh

2. V.Subramani

3. V.Baskaran ... Petitioners/Accused Nos.3 to 5 Vs State rep.by The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

(Crime No.174 of 2021) ... Respondent/Complainant For Petitioner : M/s. Jameel Arasu.B., Advocate. For Respondent : M/s.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 174 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/A3 to A5, who apprehend arrest at the hands of the respondent Police, for the offence punishable under Sections 147, 148, 427, 294(b), 324 and 506(ii) IPC in Crime No.174 of 2021, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioners abused the defacto complainant in filthy language, attacked him with aruval and caused injuries.

3. The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submits that it is a case and counter case.

4. The learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case, the nature of allegations levelled against the petitioners and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the Criminal Original Petition is ordered. The petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Devakkottai, Sivagangai District, on condition that they 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 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 appear before the respondent Police daily 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 07/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 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 Court, Devakkottai, Sivagangai District.

2. The Chief Judicial Magistrate, Sivagangai District.

3. The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12640 of 2021 Date :07/09/2021 SP/JM/SAR IV/20/09/2021/3P/5C