Andi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/12/2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1. ANDI

2. REVATHI

3. MURUGANANDABOOPATHI

4. KANNAN

5. SARAVANAN ... PETITIONERS/ACCUSED 1 TO 5 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, RAMESWARAM TOWN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT.

(CRIME NO. 105 OF 2021).

... RESPONDENT/COMPLAINANT For Petitioners: Mr.S.Ashok, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 105 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.105 of 2021, seek anticipatory bail.

2.The case of the prosecution is that the accused persons had assaulted and abused the defacto complainant, in which, she sustained injury. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that earlier bail application filed by the petitioners was allowed by this Court in Crl.OP(MD)No.5567 of 2021 on 19.04.2021. But, due to pandemic situation, they could not comply with the conditions and seeking extension of time, they have filed another petition in Crl.MP(MD)No.7933 of 2021 and the same was dismissed by this Court on 06.10.2021, by giving liberty to the petitioners to file fresh petition.

4.Since, the petitioners have enjoyed the anticipatory bail, it appears that there is no change in circumstances. The learned Government Advocate(Crl.Side) also would submit that there is no further development.

5.Considering the facts that the petitioners got anticipatory bail in Crl.OP(MD)No.5567 of 2021, on the very same ground, 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, before the learned Judicial Magistrate, Rameshwaram and on their executing 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 the petitioners shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 06/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

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TO

1. THE JUDICIAL MAGISTRATE, RAMESHWARAM.

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

3. THE INSPECTOR OF POLICE, RAMESWARAM TOWN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.S.ASHOK, Advocate ( SR-8919[I] dated 07/12/2021 )

ORDER

IN CRL OP(MD) No.19206 of 2021 Date :06/12/2021 pnm USK/PN/SAR-II/(09.12.2021) 3P-6C 3/3