Madras High CourtCRL OP(MD)/15572/2023granted

Rengasamy v. The Inspector Of Police

2023-08-28Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2023 PRESENT The Hon`ble Mr.Justice P.DHANABAL

1. Rengasamy,

2. Sathaiah,

3. Neela,

4. Poomathi,

5. Sarala, ... Petitioners/Accused 1 to 5 Vs The State rep.by The Inspector of Police, Nagudi Police Station, Puduukkottai District, Crime No.147/2023.

... Respondent/Complainant For Petitioners : M/s.PRASANNA.R, Advocate.

For Respondent : Mr.S.RAVI, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.147/2023 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,294(b),324, 506(ii) of IPC r/w.Section 4 of TNPHW Act in Crime No.147 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to property dispute the petitioners abused the defacto complainant in filthy language, assaulted her and also threatened with dire consequences,hence the case.

3.The learned counsel for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the injured has been discharged from the hospital and it is a case and case in counter, hence he seeks anticipatory bail.

4. The learned Additional Public Prosecutor would submit that due to property dispute the petitioners abused the defacto complainant in filthy language, assaulted her and also threatened with dire consequences. He would further submit that A2 is having three previous cases and A3 is having four previous cases and A1 is having one previous case. He would further submit that injured has been discharged from the hospital, however he objected to grant anticipatory bail to the petitioners 2/5

5. Heard both side and perused the materials available on record.

6. Though previous cases are pending against some of the accused persons, considering the rival submissions on either side and considering the fact that injured has been discharged from the hospital and also considering the nature of offence and all other aspects and considering that except section 506(ii) of IPC and Section 4 of TNPHW Act all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners , subject to the following conditions: 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Aranthangi 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 condition that: [a] the petitioners shall report before the respondent police daily at 10.00 A.M. for a period of thirty days and thereafter as and when required for interrogation. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 3/5

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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, NAGUDI POLICE STATION, PUDUUKKOTTAI DISTRICT.

4/5

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

+1 CC to M/s.R.PRASANNA, Advocate ( SR-12947[I] dated 30/08/2023 ) ORDER IN CRL OP(MD) No.15572 of 2023 Date :28/08/2023 SA/VR/SAR. /31.08.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5