Simsan @ Simpson v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/12/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14119 of 2020

1. Simsan @ Simpson

2. Ayyadurai

3. Grija

4. Kannan ... Petitioners/Accused No.1to4 Vs The State rep. by The Inspector of Police, Rajakkamangalam Police Station, Rajakkamangalam, Kanyakumari District.

Crime No. 443 of 2020. ... Respondent/Complainant For Petitioners: Mr.S.Palani Velayutham, Advocate.

For Respondent : Mr.KR.Bharathi Kannan, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.443 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused No.1 to 4, apprehending arrest at the hands of the respondent police for the offences punishable under sections 448, 294(b), 323, 427 and 506(ii) of IPC, in Crime No.443 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner got married the defacto complainant's daughter in the year 200. Thereafter, there was a matrimonial dispute between the first petitioner and the defacto complainant's daughter, in which, the 1/3

defacto complainant's daughter left the matrimonial home and living with her parental house. On the date of occurrence, the petitioners went to the parental house of the defacto complainant and abused her by using filthy language and also assaulted her with hands and damaged the door and compound wall of the house. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent.

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. He further submitted that due to matrimonial dispute, the petitioners have been falsely implicated in this case. Hence, he seek anticipatory bail. 5.The learned Government Advocate (Criminal Side), appearing for the respondent police submitted that there was a matrimonial dispute, the occurrence said to have taken place. 6.Considering the facts and circumstances of the case and also considering the fact that there is no other serious allegation against the petitioners, 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 No.I, Nagercoil, Kanyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.

(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 first petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation. Further, the petitioners 2 to 4 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;

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(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/- 04/12/2020 / 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 NO.I, NAGERCOIL, KANYAKUMARI DISTRICT.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, RAJAKKAMANGALAM POLICE STATION, RAJAKKAMANGALAM, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14119 of 2020 Date :04/12/2020 VSG SRS/VR/SAR-II/15.12.2020/3P/5C 3/3