Charles v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Charles

2. Jancy Mariyal ... Petitioners/Accused Nos.1 & 2 Vs State Rep.by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

in Crime No.198/2022.

... Respondent/Complainant For Petitioners : Mr.B.Senthilkumar,Advocate For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.198/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 324, 506(ii) IPC r/w 4 of TNPHW Act, in Crime No.198 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive, on 22.09.2022, at about 10:00am, there was a wordy quarrel between the parties, over which, the accused persons assaulted the defacto complainant and also threatened him with dire consequences. Hence, the complaint.

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3. On the side of petitioners, it is stated that it is a case in counter, based upon the complaint given by the petitioners, a counter case was registered in Crime No.197 of 2022 against the defacto complainant party and that injured was discharged from the hospital. Hence, prays to release the petitioners on anticipatory bail.

4.On the side of prosecution, it is stated that based upon the complaint given by the petitioners, case in counter was registered in Cr.No.197 of 2022 against the defacto complainant party and the injured was discharged from the hospital. There is no previous cases pending against the petitioners. Investigation is not completed and prays to dismiss the petition.

5.Considering the nature of dispute between the parties, that the injured was discharged from the hospital, that the petitioners are not having any previous case at their credit and it is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, this Criminal Original Petition is allowed and 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 Judicial Magistrate, Thiruchuli, 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 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 am until further orders;

(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners shall be present before the Court on hearing dates and before the respondent police as and when required; (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;

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

sd/- 29/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUCHULI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.B.SENTHILKUMAR, Advocate ( SR-10778[I] dated 29/09/2022

ORDER

IN CRL OP(MD) No.17384 of 2022 Date :29/09/2022 pnm PKP/SVR/SAR- /10.10.2022/3P/6C 3/3