Francis Xavier v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11557 of 2023
1. Francis Xavier,
2. Pilipu,
3. Grecy Annammal, ... Petitioners/Accused No.1 to 3 Vs The State Rep by The Inspector of Police, Karambakudi Police Station Pudhukottai District.
(Crime No.163 of 2023).
... Respondent/De jure Complainant For Petitioners : M/s.R.Alagumani, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.163 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/Accused who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323,324 and 506(ii) of I.P.C in Crime No. 163 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to land dispute the 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. There was group clash between two groups and they attacked each other, in which A1 and A2 are taking treatment and the defacto complainant is also taking treatment. Counter complaint has also been registered in Crime No.168 of 2023. Taking into consideration all the above facts and circumstances of the case 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, Karambakudi, Pudukottai District 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing 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 shall report before the respondent Police 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 27/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KARAMBAKUDI,PUDHUKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDHUKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE KARAMBAKUDI POLICE STATION PUDHUIKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.11557 of 2023 Date :27/06/2023 MGJ(04.07.2023) 3P 5C