A. Duraipandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN 1 A.Duraipandian 2 D.Ramapandi @ Ramupandiyammal ... Petitioners/Accused No.1 & 3 Vs State Rep.by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.
Crime No.191 of 2022 ... Respondent/Complainant For Petitioners : M/s.Loganathan S, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.191 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 323 and 506(II) IPC r/w 4 of Women Harassment Act, in Crime No.191 of 2022, seek anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel between the parties with regard to ancestral property, all the accused persons attacked the de-facto complainant and caused injuries. Hence the complaint.
3.The learned counsel for the petitioners would submit that due to previous enmity, a false case was foisted against the petitioners and they are innocents and they have not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail. 4.The learned Government Advocate(Crl.Side) would submit that due to land dispute between the parties, the petitioners attacked 1/3
the defacto complainant and caused injuries. He would further submit that the injured was discharged from the hospital and no previous case is pending against the petitioners. However, considering the gravity of offence, he strongly opposed to grant anticipatory bail. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was already discharged from the hospital and also the fact that the petitioners are not having any bad antecedents, 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, Thirumangalam, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.
(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 respondent police daily at 10.30 am 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/- 01/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE,THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.LOGANATHAN, Advocate ( SR-12257[I] dated 02/11/2022 )
ORDER
IN CRL OP(MD) No.15971 of 2022 Date :01/11/2022 SJI RS/VR/SAR.3(08.11.2022) 3P-6C 3/3