D.Chinnajothi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM 1.D.Chinnajothi 2.C.Avudaiyammal 3.Ayyappan ... Petitioners/Accused Nos.1,2 and 4 Vs The State rep.by, The Inspector of Police, Kuruvikulam Police Station Tirunelveli District.
Crime No.241 of 2020.
..Respondent/Complainant For Petitioners: Mr.Aaiyram.K.Selvakumar, Advocate.
For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.241 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, 2 and 4, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323 and 506(i) IPC, in Crime No.241 of 2020 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to property dispute, the petitioners said to have abused the defacto complainant by using filthy language and also assaulted him and threatened him with dire consequences. Hence, the case has been registered. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.
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4.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 and they have been falsely implicated in this case.
5.The learned Government Advocate (Crl. Side), on instructions, submitted that the injury sustained by the defacto complainant is only simple injury and he was treated as only out patient. 6.Considering the facts and circumstances of the case and also considering the fact the defacto complainant sustained only simple injury and he was treated as out patient, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarankovil, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police daily morning at 10.00 a.m., without fail, for a period of Two Weeks and thereafter as on 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;
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(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/- 11/11/2020 / 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, SANKARANKOVIL 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3.THE INSPECTOR OF POLICE KURUVIKULAM POLICE STATION, TIRUNELVELI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13010 of 2020 Date :11/11/2020 VSD PK/AKM/SAR-II/20.11.2020 : 3P/5C 3/3