Saravanan @ Garden Saravanan v. The 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 CRL OP(MD). No.17042 of 2022

1. Saravanan @ Garden Saravanan

2. Balaji ... Petitioners/Accused No.1 & 2 Vs State rep.by The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

(Crime No.121 of 2022).

... Respondent/Complainant For petitioners : M/s.Prabakaran L, Advocate. For Respondent : Mr.M. Muthu Manikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.121 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 379(NH), 506(ii) IPC r/w. 4 of TNPHW Act in Cr.No.121 of 2022, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute the petitioners and other accused have trespassed into the village of the defacto complainant and attacked him and also taken away the jewels. Hence, the complaint.

3. The learned counsel for the petitioners would submit the petitioners are innocent and their names have been falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) would submit that it is a case and counter case and the investigation of the case is pending.

5.Considering the facts and circumstances of the case and also considering the fact that it is a civil dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners is 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, Muthugulathur 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 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 until further orders.

(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;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 22/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP

TO

1. THE JUDICIAL MAGISTRATE, MUTHUGULATHUR.

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

3. THE INSPECTOR OF POLICE, KEELATHOOVAL POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.PRABAKARAN L Advocate SR.No.10440

ORDER

IN CRL OP(MD) No.17042 of 2022 Date :22/09/2022 SP/SBN/SAR I/29/09/2022/3P/6C