Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI

1. Kumar

2. Ilayaraja ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Tiruppuvanam Police Station, Sivagangai District.

(Crime No.254/2022). ... Respondent/Complainant For Petitioners : Mr.P.Manimaran, Advocate For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.254/2022 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 294(b), 324, 506(ii) I.P.C, in Crime No.254 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was civil dispute between the defacto complainant and the accused persons. On 30.08.2022 at about 16.00hours, the accused persons abused the defacto complainant and his son in filthy language, assaulted them with knife and also threatened them with dire consequences. Hence, the complaint.

3. On the side of petitioners, it is stated that the petitioners are innocent and they had not committed any offence as alleged by the prosecution. Due to civil dispute, a false case was foisted against them. Hence, prays to release the petitioners on anticipatory bail.

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4.On the side of prosecution, it is stated that the first petitioner is having eight previous cases, out of which, six cases were disposed of and the second petitioner is not having any bad antecedent at his credit and the injured was discharged from the hospital. In this case, investigation is not yet completed and prays to dismiss the petition.

5.Considering the facts and circumstances of the case, the nature of allegation levelled against the petitioners and that the injured was discharged from the hospital, 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, Thiruppuvanam, 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 first petitioner shall report before the respondent police daily at 10.30 am for a period of six weeks and the second petitioner shall report before the respondent police on every Wednesday at 10.30am for a period of six weeks and thereafter, as and when required by the respondent Police;

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

sd/- 06/10/2022 / 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, THIRUPPUVANAM.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE TIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17895 of 2022 Date :06/10/2022 pnm PKP/GB/SAR-2/11.10.2022/3P/5C 3/3