Jeyasingh @ Koil Jeya Singh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Jeyasingh @ Koil Jeya Singh, ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

(Crime No.209/21)..

... Respondent/Complainant For Petitioner : Mr.S.R.Kathiresa Perumal, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.209/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 323 and 506(ii) IPC, in Cr.No.209 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that there was a wordy quarrel between the petitioner's group and the de-facto complainant groups with regard to CSI Diocesan Election, the petitioner along with three others abused the de-facto complainant in filthy language and assaulted them and also caused injuries. Hence, the complaint. 1/3

3.On the side of the petitioner, it is stated that the coaccused were already released on bail. The petitioner is only A2 and prayed the petitioner to be released on anticipatory bail. 4.On the side of the prosecution, it is stated that due to election in a church, the offence has taken place and the injured was already discharged from the hospital. A3 and A4 were already released on bail.

5.Considering the nature of the offence and on considering the fact that the co-accused were already released on bail and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sathankulam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) 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 petitioner 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 petitioner shall report before the respondent police weekly once, i.e., on every Wednesday at 10.30 am for a period of 8 weeks and thereafter, as and when required for interrogation. (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 2/3

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

sd/- 05/09/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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, SATHANKULAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.R.KATHIRESA PERUMAL, Advocate (SR-9613[I] dated 05/09/2022 )

ORDER

IN CRL OP(MD) No.14369 of 2022 Date :05/09/2022 PKP/SVR/SAR-4/08.09.2022/3P/6C 3/3