R.Jegan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI

1. R.Jegan,

2. R.Sudhakar,

3. Ochammal,

4. Pradeepraja,

5. Kalaiselvi, ... Petitioners/Accused 1 to 5 Vs State Rep by, The Inspector of Police, Sedapatti Police Station, Madurai.

Crime No.217 of 2021.

... Respondent/Complainant For Petitioner : Mr.P.Balasubramanian, Advocate.

For Respondent : R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No. 217 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 462,294(b), 323, 324, 506(i) IPC and Section 4 of Tamil Nadu Women Harassment Act, in Crime No.217 of 2021 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police. 3.The case of the prosecution is that on 06.10.2021 at about 2.00pm, the petitioners attempted to enter into the disputed property and attempted to assault the defacto complainant and threatened him with dire consequences.

4.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and hence, they seek anticipatory bail.

5.The learned Additional Public Prosecutor, on instructions, submitted that the injured person was discharged from the Hospital. 1/3

He further submitted that already there is civil dispute between the petitioners and the defacto complainant.

6.Considering the facts and circumstances of the case and also considering the fact that except the offence under Section 506(i) IPC, all other offences are bailable in nature,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, Peraiyur, Madurai and on their executing 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 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 cards or Bank pass Books to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter, as and when required by the respondent police;

(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/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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VRN 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, PERAIYUR, MADURAI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE SEDAPATTI POLICE STATION, MADURAI.

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

+1 CC toMR.P.BALASUBRAMANIAN,Advocate (SR-7208[I] dated 12/10/2021 )

ORDER

IN CRL OP(MD) No.15780 of 2021 Date :12/10/2021 PKP/PN/SAR-1/20.10.2021/3P/6C 3/3