Seenivasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Seenivasan,

2. Balanagendran,

3. Krishnasamy,

4. Ramasamy, ... Petitioners/Accused Nos.1 to 4 Vs State Rep.by The Inspector of Police, Thuvarankurichi Police Station, Thuvarankurichi, Trichy District.

Crime No.160 of 2022.

... Respondent/Complainant For Petitioners: Mr.T.Vadivelan, 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.160 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.160 of 2022, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners abused the defacto complainant in filthy language, attacked him with dire consequences and also threatened him. Hence, the complaint.

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3. The learned counsel for the petitioners would submit that due to land dispute, a false case has been foisted against the petitioners and they are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that a case in counter has been registered against the defacto complainant in Crime No.161 of 2022. Hence, they may be granted anticipatory bail.

4.The learned Government Advocate (Crl.Side) would submit that the injured has been discharged from the hospital and no previous case is pending against the petitioner. He would further submit that it is a case and case in counter and investigation is still pending. Hence, he strongly opposed for grant of anticipatory bail. 5.Considering the facts and circumstances of the case and considered the nature of offence and also the facts that the injured has already been discharged from the hospital and it is a case and case in counter, 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 Judicial Magistrate, Manapparai, 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 a.m., 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;

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

sd/- 30/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cp 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, MANAPPARAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE THUVARANKURICHI POLICE STATION, THUVARANKURICHI, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.17491 of 2022 Date :30/09/2022 PKP/GB/SAR /10.10.2022/3P/5C 3/3