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Madras High CourtCRL OP(MD)/14900/2022allowed

Kalaiyarasi v. The Inspector Of Police

2022-09-22Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Kalaiyarasi

2. Karthik ... Petitioners/Accused No.2&5 Vs The State Rep. By, The Inspector of Police, Thuraiyur Police Station, Trichy District.

(In Crime No.245/2022).

... Respondent/Complainant For Petitioners : M/s.Sivabalan K, Advocate For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.245/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324, 354, 506(ii) I.P.C, in Crime No.245 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to property dispute, the defacto complainant and her husband, who is the brother of A1 were called for to settle the issue between the family members. At that time, the accused persons abused, assaulted them and also criminally assaulted with dire consequences. Hence, the complaint.

3. On the side of petitioners, it is stated that the petitioners are innocent and had not committed any offence, as 1/3

alleged by the prosecution. The petitioners are arrayed as A2, A5 in this case. Due to property dispute, a false case was foisted against them. The injured were discharged from the hospital. Hence, prays to release the petitioners on anticipatory bail. 4.On the side of prosecution, it is stated that there are totally six accused in this case and A1 is the brother of defacto complainant's husband. All the accused persons are defacto complainant husband's blood relatives. Since there was property dispute between the parties, this occurrence took place. The injured were discharged from the hospital. There is no previous case pending against the petitioners.

5.Considering the property dispute between the parties and considering that the injured were discharged from the hospital and that the petitioners are not having any previous case at their credit, 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 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 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 petitioner shall report before the respondent police daily at 10.30 am until further orders;

(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners shall be present before the Court on hearing dates and before the respondent police as and when required; (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;

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(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 22/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, THURAIYUR POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.M/S.SIVABALAN K, Advocate ( SR-10480[I] dated 23/09/2022 )

ORDER

IN CRL OP(MD) No.14900 of 2022 Date :22/09/2022 PNM USK/VR/SAR-II/29.09.2022/3P/6C 3/3