Rajkumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.17468 of 2021 1.Rajkumar 2.Silambarasan @ Yogasilambarasan 3.Praveenkumar 4.Selvakumar 5.Vijay 6.Gowsick Raj ... Petitioners/Accused Nos.5 to 8, 10 & 12 Vs State rep.by The Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
(Crime No.431 of 2021).
... Respondent/Complainant For Petitioners : M/s.Ganesan.M. Advocate.
For Respondent : M/s.RMS.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.431 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused Nos.5 to 8, 10 and 12, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 427 and 506(ii) IPC, in Crime No.431 of 2021, seek anticipatory bail. 2.The case of the prosecution is that during Deepavali festival, the defacto complainant's son Aswin fired crackers in the street, at that time, the first accused snatched the Agarpathi, attacked him and caused injuries in his chest. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would also submit that the petitioners are not having any previous case. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that no pervious case is pending against the petitioners and the injured has been treated as out patient. 5.Considering the fact that there arose wordy quarrel between the parties while blasting crackers during Deepavali festival, that the injured was treated as out patient, that except the offence under Section 506(ii) IPC, all other offences are bailable in nature and that the petitioners are not having any previous case for similar or serious offence as stated by the learned Additional Public Prosecutor, 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 District Munsif cum Judicial Magistrate Court, Thiruppuvanam, 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 respondent Police or to the Police Officer, who intends to arrest or 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 Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.
(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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.
Sd/- 11/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.
das 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, THIRUPPUVANAM.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE SUB INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.GANESAN M Advocate SR.No.8021
ORDER
IN CRL OP(MD) No.17468 of 2021 Date :11/11/2021 SP/JC/SAR III/16/11/2021/3P/6C