Kaliammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Kaliammal 2.Sevugaperumal ... Petitioners/Accused No.1 & 2 Vs The State rep.by, The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.
In Crime No.274 of 2021. ... Respondent/Complainant For Petitioners : Mr.S.Sathya Chidambaram Advocate.
For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.274 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A1 and A2 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323 and 506(i) IPC in Crime No.274 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to family dispute between the petitioners and the de-facto complainant, on 21.10.2021, there was a wordy quarrel between themselves, in which, the petitioners said to have abused the de-facto complainant in filthy language, attacked the de-facto complainant with iron wire and caused injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners are the wife and son of the de-facto complainant and the de-facto complainant sold all the lands for taking liquor. He would further submit that the petitioners are innocents and they have been falsely implicated in this case. 1/3
4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the injured was already discharged from the hospital.
5.Considering the facts that there existed family dispute between the parties, that the injured was already discharged from the hospital and also 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.
6.Accordingly, 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, Devakottai, Sivagangai District, 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. for a period of one month 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 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/- 12/11/2021 / 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, DEVAKOTTAI, SIVAGANGAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17318 of 2021 Date :12/11/2021 SJI MK/VR/SAR.III/19.11.2021/3P/5C 3/3