Vinith v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Vinith,
2. Devaraj, ... Petitioners/Accused 1 & 2 Vs State Rep by The Sub Inspector of Police, Sempatti Police Station, Dindigul.
(Cr No.263 of 2022).
... Respondent/Complainant For Petitioner : M/s.Palanichamy.V, Advocate.
For Respondent : Mr.M.Veerendhiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr No.263 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), 323 and 506(ii) IPC, in Crime No.263 of 2022, seek anticipatory bail.
2.The first petitioner/A1 and the de-facto complainant's daughter are husband and wife. Due to family dispute between them, on 14.09.2022 at about 10.00 a.m., the petitioners came to the defacto complainant's house and called his wife in the ground floor, suddenly, the petitioners tried to attack the de-facto complainant's daughter, at that time, the de-facto complainant was protected his 1/3
daughter from the petitioners' attack, for which, the petitioners abused the de-facto complainant in filthy language and attacked him and also threatened him with dire consequences. Hence the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that the counter case is pending against the de-facto complainant. 4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital. 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 counter case is pending against the de-facto complainant, 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, Athur, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent police 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 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;
2/3
(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI 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, Athur, Dindigul.
2. Do-Through The Chief Judicial Magistrate, Dindugal District.
3. The Sub Inspector of Police, Sempatti Police Station, Dindigul.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M/S.PALANICHAMY.V, Advocate ( SR-10363[I] dated 22/09/2022 )
ORDER
IN CRL OP(MD) No.16974 of 2022 Date : 22/09/2022 TR/GB/SAR-II(30.09.2022) 3P 6C 3/3