D.Sujin v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI 1.D.Sujin 2.J.L.Manovajothi
...Petitioners/Accused Nos.1 and 2
Vs The State of Tamilnadu The Inspector of Police, Kotticode Police Station, Kanyakumari District, in Crime No.77 of 2022.
... Respondent/Complainant For Petitioners : Mr.C.K.M.Appaji Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.77 of 2022 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b) and 506(i) of IPC in Cr.No.77 of 2022, seek anticipatory bail. 2.The case of the prosecution is that the petitioners sent intimidating words in the post of the defacto complainant in the Social Media. When the defacto complainant questioned the same, the petitioners abused him in filthy language and intimidated him. Hence the complaint.
3.On the side of the petitioners it is stated that the petitioners have not sent any such posts to the defacto complainant and they have not committed any offences as alleged by the prosecution. They have been falsely implicated in this case and pray the petitioners to be released on anticipatory bail. 1/3
4.On the side of the prosecution it is stated that totally there are two accused. There is a wordy quarrel between the petitioners and the defacto complainant.
5.In view of the submissions made by both sides and considering the nature of the offences this Court is inclined to release the petitioners on anticipatory bail on the following conditions: 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Padmanabhapuram, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten 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 Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;
[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners shall be present before the Court on hearing dates and before the respondent police as and when required; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.I, PADMANABHAPURAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE KOTTICODE POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.APPAJI C K M Advocate SR.No.9786.
ORDER
IN CRL OP(MD) No.16214 of 2022 Date :08/09/2022 pnn MK/VR/SAR.II/19.09.2022/3P/6C 3/3