Krishnan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.15158 of 2022

1. Krishnan

2. Seetha

3. Kambharath

4. Rani ... Petitioners/Accused 1-4 Vs State rep.by The Sub Inspector of Police, Devadanapatti Police Station, Theni District.

(Crime No.264/2022) ... Respondent/Complainant For Petitioners : M/s.Appadurai.K, Advocate.

For Respondent : Mr.M. Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.264 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 427, 448, 506(i) IPC in Crime No. 264 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the petitioners trespassed into the house of the defacto complainant and attacked him and also abused him in filthy language. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that A1 is having one previous case and the injured was discharged from the hospital. He would further submit that the investigation of the case is pending and he strongly opposed to grant anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, 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, Periyakulam, Theni District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 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 petitioners shall report before the Periyakulam Police Station, Theni District daily at 10.30 a.m., until further orders; (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;

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

Sd/- 27/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO

1. THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT.

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

3. THE SUB INSPECTOR OF POLICE, DEVADANAPATTI POLICE STATION, THENI DISTRICT.

4. THE INSPECTOR OF POLICE, PERIYAKULAM POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.APPADURAI.K Advocate SR.No.12122

ORDER

IN CRL OP(MD) No.15158 of 2022 Date :27/10/2022 SP/SSS/SAR II/04/11/2022/3P/7C