Ganeshamoorthy @ Ganesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR
1. Ganeshamoorthy @ Ganesan,
2. Ramalingam @ Ramu, ... Petitioners/Accused Nos. 1 & 2 Vs The Inspector of Police, Lalgudi Police Station, Trichy District.
Crime No.265 of 2022.
... Respondent/Complainant For Petitioner : Mr.J.Vishnu, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.265 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC, in Crime No.265 of 2022, seek anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel between the parties regarding not to pay money for buying meat, due to which, the petitioners and other accused abused the de-facto complainant and his son in filthy language, attacked them and threatened them with dire consequences and also caused injuries. Hence the complaint.
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3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital and that the petitioners are having no previous case.
5.Considering the facts that there existed wordy quarrel between the parties regarding non-payment of money for the meat bought, that the injured was discharged from the hospital, that except the offence under Section 506(ii) IPC, all other offences are bailable in nature and also the fact that the petitioners are not having any previous case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their 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 Court, Lalgudi, Trichy, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.
(c)the petitioners shall not tamper with 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;
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(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/08/2022 / TRUE COPY / /08/2022 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, LALGUDI, TRICHY.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE LALGUDI POLICE STATION, TRICHY DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.14968 of 2022 Date :22/08/2022 PKP/VR/SAR-4/24.08.2022/3P/5C 3/3