Duraisamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Duraisamy,
2. Perumalsamy,
3. Annadurai,
4. Narayanan,
5. Jeyakumar,
6. Kannan,
7. Muthusamy,
8. Jegan,
9. Tharun, 10.Jeyakumar, 11.Veerakumar, 12.Murugan, 13.Balamurugan, 14.Aathi Kannan, 15.Duraipandi, 16.Rajadurai, 17.Gopalkrishnan @ Gopal, 18.Balakrishnan, 19.Dhinesh @ Vineshraja, ... Petitioners/Accused Nos.1 to 19 Vs 1/4
State rep. by The Inspector of Police, Koodankulam Police Station, Tirunelveli District (Crime No. 334 of 2021).
... Respondent/Complainant For Petitioner : Mr.R.Maheswaran, Advocate.
for MR.C.Susi Kumar, Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 334 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.334 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners and the defacto complainant belong to the same village and while performing pooja, the dispute arose between the parties. The petitioners abused the defacto complainant in filthy language and also attacked him with stick. Therefore, the present case came to be registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioners and the defacto complainant belong to the same village. It is a case and counter case. The occurrence had taken place, while performing a pooja in the temple festival. He further submitted that the injured person has been discharged from the hospital.
5.Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of 2/4
arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District, on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one sureties 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before respondent police daily at 10.30 a.m., for a period of 30 days from the date of receipt of copy of this order.
[c]the petitioners shall not tamper with the 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 petitioner 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/- 28/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA 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, RADHAPURAM, TIRUNELVELI DISTRICT.
2 DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3 THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.12595 of 2021 Date :28/10/2021 PKP/VR/SAR-3/08.11.2021/4P/5C 4/4