Ponnsamy @ Pon Samy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Ponnu samy @ Pon Samy,

2. Jeyarani,

3. Kathiresan,

4. Muthu,

5. Perumal,

6. Sudhakar,

7. Nattar Tharngam,

8. Balakrishnan,

9. Thanga Lakshmi, ... Petitioners/ Accused No.1 to 9 Vs State rep. By The Inspector of Police, Sathankulam Police Station, Sathankulam, Thoothukudi District.

(Crime No.234 of 2021).

... Respondent/Complainant For Petitioners : No Appearance.

For Respondent : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime.No.234 of 2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners/A1 to A9 apprehending arrest for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 379 (NP) and 506(i) of I.P.C and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.234 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute, the petitioners had abused the defacto complainant and his mother with filthy language, attacked them with deadly weapon and caused injuries to them. Hence, the complaint.

3.Today, when the matter is taken up for hearing, there is no representation on behalf of the petitioners either in person or through counsel.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the injured was discharged from the hospital. He would further submit that the petitioners have no previous case pending against them and it is a case of case in counter.

5.Taking into consideration of the facts and circumstances of the case, the nature of allegation levelled against the petitioners and also 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, this Criminal Original Petition is allowed and the petitioners 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, Sathankulam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each 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 learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent police daily at 10.30 a.m until further orders;

(c)the petitioners shall not tamper with the 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 02/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CP

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, SATHANKULAM.

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

3.THE INSPECTOR OF POLICE, SATHANKULAM POLICE STATION, SATHANKULAM, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16940 of 2021 Date :02/11/2021 SB/CN/SAR-II/17.11.2021/3P/5C