A.George v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN 1.A.George 2.A.Ruban Daniel ... Petitioner/Accused 1 & 2 Vs State Rep.by The Inspector of Police, Kundrakudi Police Station, Sivagangai Disrict.
Cr.No.103/2022.
... Respondent/Complainant For Petitioners : M/s.Abdul Wahab.A, Advocate.
For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.103/2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324 and 506(2) IPC, in Cr.No.103 of 2022, seek anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel between the parties, regarding the delay of service in the car, in which, the petitioners along with other accused abused the mechanic of that shop and assaulted him. When the de-facto complainant tried to interfere, the petitioners assaulted the de-facto complainant with wiper of the car and threatened him with dire consequences. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail. 1/3
4.The learned Government Advocate (Crl.Side) would submit that the injured sustained simple injury and he was already discharged from the hospital. He would further submit that the petitioners are having no previous case and the investigation is still pending. Hence, he strongly opposed to grant anticipatory bail to the petitioners.
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 there is no previous case pending against the petitioners, 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, Karaikudi, 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 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 12/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, KUNDRAKUDI POLICE STATION, SIVAGANGAI DISRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.18128 of 2022 Date :12/10/2022 SJI RS/SBN/SAR.1(19.10.2022) 3P-5C 3/3