Balaji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.06.2023 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.11596 of 2023 1.Balaji 2.Surya 3.Prabhakar 4.Subramaniyan 5.Parthiban 6.Dharmaraj 7.Selvamani ... Petitioners/A1 to A7 Vs The State represented by The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

(Crime No.167 of 2023 ... Respondent/Complainant For Petitioners: Mr.S.Krishnan 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.167 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 and 506(i) IPC, in Crime No.167 of 2023, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant, namely, P.Damodharan, is the in-charge of Assembly Constituency, Tamil Nadu Muthraiyar Munnetra Sangam. On 07.06.2023, when the defacto complainant along with one Ramachandran went to meet his friend Sekar, the petitioners along with other accused came there and attacked the de-facto complainant and also abused him in filthy language. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.Side) would submit that the injured has sustained only simple injury and that the petitioners are having no previous case.

5.Considering the facts and circumstances of the case and also the facts that the injured has sustained only simple injury and that the petitioners are not having any previous case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Thuraiyur, Trichy 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 to the Police Officer, who intends to arrest or 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners 1 to 6 shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; and the seventh petitioner 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]; and;

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

sd/- 28/06/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1 THE JUDICIAL MAGISTRATE.

THURAIYUR, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRAT TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE UPPILIYAPURAM POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.11596 of 2023 Date :28/06/2023 SS/06/07/2023/3P/5C