Loganayagi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM

1. Loganayagi

2. Solai @ Solaiappan

3. Kamatchi @ Kamatchiammal

4. Muthulakshmi

...Petitioners/Accused Nos.1,3, 4 & 6

Vs State Rep.by The Inspector of Police, Kanavilakku Police Station, Theni District.

Crime No.168 of 2019.

... Respondent/Complainant For Petitioners: M/s.B.Muneeswaran, Advocate.

For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 168 of 2019 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 offences punishable under Sections 147, 294 (b), 323, 379 and 506 (ii) of IPC, in Crime No. 168 of 2018, seek anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that as per the FIR, the petitioners along with other accused persons assaulted the defacto complainant and others and criminally intimidated them. He further submitted that the petitioners have not committed any offence as alleged by the 1/3

prosecution and they have been falsely implicated in this case, and hence, he prayed anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent has submitted that it is a case and counter case. The petitioners along with other accused persons assaulted the defacto complainant and others and criminally intimidated them. She further submitted that the first petitioner and the defacto complainant are husband and wife and due to some misunderstanding between them, they are leaving separately. The defacto complainant and others went to the first petitioner's house, who is living with her mother/4th petitioner and assaulted the petitioners and others and caused injuries. Hence, the petitioners lodged a complaint against the defacto complaint in Crime No.169 of 2019.

5.Taking into consideration of the fact that the first petitioner and the defacto complainant are husband wife and due to misunderstanding between them, they are living separately and also the fact that a counter case has been registered in Crime No.169 of 2019, this Court is inclined to grant anticipatory bail to the petitioners.

6. 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Andipatty, Theni 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 condition that: (i) If the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not abscond either during investigation or trial.

(v) 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 2/3

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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 09/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ANDIPATTY, THENI DISTRICT.

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

3. THE INSPECTOR OF POLICE, KANAVILAKKU POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11239 of 2019 Date :09/08/2019 MS/VR/SAR-4/20.08.2019/3P.5C 3/3