O Velusamy v. The Inspectror Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN 1.O.Velusamy 2.O.Kathalingam 3.O.Rahul 4.V.Radha ... Petitioners/Accused 1 to 4 Vs The state rep.by The Inspector of Police, Kulithalai Police Station, Karur District.

(*)Crime No.313 of 2023.

... Respondent/Complainant For Petitioners : M/s.M.Prabu, Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in (*)Crime No.313 of 2023. on the file of the respondent police.

ORDER : The Court made the following order :- 1/5

The petitioners/Accused who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b),323,427 of IPC r/w.section 4 of TNPHW Act in (*)Crime No. 313 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that due to family dispute petitioners herein abused and assaulted the defacto complainant and also threatened with dire consequences, hence the case.

3. Heard both side and perused the materials available on record including the First Information Report.

4. Taking into consideration of the facts and circumstances of the case and also the fact that it is a case and case in counter this court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II Kulithalai, Karur District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing 2/5

which, the petition for anticipatory bail shall stand dismissed 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 1 and 2 alone shall report before the respondent Police, daily at 10.30 a.m., for a period of two 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]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/06/2023 (*)Amended as per order of the court dated 14/07/2023 in Crl.MP(MD)No. 9971 of 2023 in CRL OP(MD)No. 10997 of 2023 Time is also extended for 15 days, from the date of receipt of copy of this order.

/ TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO TO BE SUBSTITUTED WITH THE ORDER DATED 20/06/2023 ALREADY DESPATCHED 1.THE JUDICIAL MAGISTRATE NO.II KULITHALAI, KARUR DISTRICT.

2.DO-THROUGH, THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3.THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT 4/5

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

+1. CC TO M/S.PRABU.M ADVOCATE SR.NO.10731(I).

ORDER

IN CRL OP(MD) No.10997 of 2023 Date :20/06/2023 SI/(27.06.2023) 5P/ 6C PNM PKP/MMS/SAR- /27.07.2023/ 5P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5