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Madras High CourtCRL OP(MD)/12707/2021ordered

Vinodh v. The Sub Inspector Of Police

2021-09-08Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.09.2021 PRESENT The Hon'ble Mr.Justice B.PUGALENDHI

1. VINODH

2. LIBIN @ LIBIN JOHN ... PETITIONERS/ACCUSED 1&2 VS THE STATE REP. BY, THE SUB-INSPECTOR OF POLICE, PAZHUGAL POLICE STATION, KANNYAKUMARI DISTRICT.

CRIME NO.124 OF 2021.

... RESPONDENT/COMPLAINANT For Petitioner : Mr.K.P.Narayanakumar Advocate.

For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.124 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324 and 506(ii) IPC, in Crime No.124 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 17.08.2021 at 09.30 p.m., the petitioners consumed liquor near the de-facto complainant's house. When the same was questioned by the de-facto complainant, the petitioners assaulted the de-facto complainant and also caused injury. Hence, the complaint.

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3.The learned counsel for the petitioners submits that the petitioners are innocents, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.

4.The learned Government Advocate (Crl. Side) for the respondent, on instructions, submits that apart from this case, the petitioners have involved in one previous case. He fairly conceded that the injured person in this case has been discharged from the hospital.

5.Considering the facts and circumstances of the case, the nature of allegation made against the petitioners 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.

6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kuzhithurai on condition that the petitioners 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 learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent police daily morning at 10.30 a.m. and evening at 05.30 p.m, until further orders.

(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 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;

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(f)if the accused/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/09/2021 / TRUE COPY / / /2021 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 NO.I, KUZHITHURAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KANNYAKUMARI DISTRICT AT NAGERCOIL.

3. THE SUB INSPECTOR OF POLICE, PAZHUGAL POLICE STATION, KANNYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12707 of 2021 Date :08/09/2021 USK/JC/SAR-II/(23.09.2021) 3P-5C 3/3