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Madras High CourtCRL OP(MD)/16098/2020granted

S.Prema v. The Inspector Of Police

2021-01-06Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.S.Prema 2.S.Lakshmana Dhas

3. L.Mala

4. A.Chinnathai @ Sivalaskhmi

5. C.Sarala

6. L.Dhilip ... Petitioners/Accused 1 to 6 Vs State Rep.by, The Inspector of Police, All Women Police Station, Theni Town, Theni District.

(In Crime No.4024/2020). ... Respondent/Complainant For Petitioner : M/s.Safar Badhusha.K, Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.4024 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,148,294(b),323, 324, 379(NH) and 506(ii) of IPC @ 294(b), 323 and 506(i) of IPC seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity the petitioners along with others said to have abused the defacto complainant, assaulted him and also threatened with dire consequences.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would also submit that the injured was discharged from the hospital.

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4. The learned Government Advocate(Crl.Side) would submit that the injured person was also discharged from the hospital. He would also submit that A4 and A5 in this case was deleted from the case. 5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 1 to 3 and 6 with certain conditions.

6. Accordingly, the petitioners 1 to 3 and 6 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 learned Judicial Magistrate, Theni, Theni District on condition that the petitioners 1 to 3 and 6 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties (common sureties) 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 condition that:

(a)the petitioners 1 to 3 and 6 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 1 to 3 and 6 shall report before the respondent police as and when required for interrogation. (c)the petitioners 1 to 3 and 6 shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners 1 to 3 and 6 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 1 to 3 and 6 in accordance with law as if the conditions have been imposed and the petitioners 1 to 3 and 6 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

7. As regards the accused 4 and 5, since their names have been deleted in the alteration report the petition against them stands dismissed.

sd/- 06/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, THENI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THENI TOWN, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16098 of 2020 Date :06/01/2021 AAV PK/KV/SAR-1/08.01.2021 : 3P/5C 3/3