Kalimuthu v. The Sub 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. Kalimuthu

2. Vaithilingam @ Vaithiyalingam

3. Shanmugam ... Petitioners/Accused No.1 to 3 Vs State Rep.by The Sub Inspector of Police, Alwarkurichi Police Station, Tenkasi District.

Cr.No.188/2022.

... Respondent/Complainant For Petitioners : Mr.Narayanakumar K.P.

Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.188/22 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 alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.188 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there is civil dispute between the petitioners and defacto complainant. On the date of occurrence, the petitioners removed the plantain standing in the dispute property and when the same is questioned by the defacto complainant, the accused assaulted, abused and threatened him. Hence, the complaint.

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3.The learned counsel for the petitioners submitted that the a civil dispute is pending between the parties and due to that, a false compliant has been lodged against the petitioners. 4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that the injured is discharged from the hospital and no previous case is pending against the petitioner. 5.Considering the facts and circumstances of the case and the fact that the victim is discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 6.

Accordingly, this criminal original petition is allowed and 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Ambasamuthiram, on condition that the petitioners shall execute a bond for a sum of Rs.

[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 Aadhaar card or bank pass book to ensure their identity.

[b] the petitioners shall report before the respondent police as and when required for interrogation.

[c]the petitioners shall not tamper with the 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]. 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, AMBASAMUTHIRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, ALWARKURICHI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-11035[I] dated 07/10/2022 )

ORDER

IN CRL OP(MD) No.17790 of 2022 Date :06/10/2022 IAS RS/SVR/SAR.(10.10.2022) 3P-6C 3/3