Jeya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.14118 of 2021

1. Jeya

2. Chidambara Priya

3. Revathy

4. Shanmuga Sunder ... Petitioners/Accused Rank Not Known Vs State rep.by The Inspector of Police, Pettai Police Station, Tirunelveli.

(Crime No. 305 of 2021).

... Respondent/Complainant For Petitioner : M/s.Bhaskar.P., Advocate.

For Respondent : M/s.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.305 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 448, 342, 323, 324 and 506(2) IPC in Crime No.305 of 2021, seek anticipatory bail.

2. The case of the prosecution is that due to pathway dispute, the petitioners trespassed into the house of the defacto complainant and attacked him. Therefore, the present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioners are innocents and they have been falsely implicated in this case. He further submitted that it is a case of case in counter.

4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the investigation is yet to be completed and the injured has been discharged from the hospital. 5.Considering the facts and circumstances of the case, the nature of allegations 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. 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.5, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 at 10.30 a.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;

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

Sd/- 23/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb 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.5, TIRUNELVELI.

2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE INSPECTOR OF POLICE, PETTAI POLIE STATION, TIRUNELVELI.

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

+1. CC to M/S. BHASKAR.P. Advocate SR.No.6575

ORDER

IN CRL OP(MD) No.14118 of 2021 Date :23/09/2021 SP/JC/SAR III/27/09/2021/3P/6C