S.Davit Palanisamay 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. S.Davit Palanisamay

2. A. Kaviarasu ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Panayapatti Police Station, Ponnmaravathi Taluk, Pudukkottai District (Crime No. 91 of 2022). ... Respondent/Complainant For Petitioners: Mr.R.Jegadeeswaran,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. 91 of 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),342,324, 506(ii) I.P.C, in Crime No.91 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the defacto complainant and the accused persons, there was a wordy quarrel between them, over which, on 02.10.2022, the accused persons abused the defacto complainant in filthy language, assaulted him on his left side rib and also threatened him with dire consequences. Hence, the complaint.

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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.

4.On the side of prosecution, it is stated that the petitioners are not having any bad antecedent at their credit. 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 also considering the nature of injuries sustained by the victim, 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, Thirumayam, Pudukkottai District, 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 petitioners shall report before the respondent police on every Tuesday 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;

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(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.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKKOTTAI DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE PANAYAPATTI POLICE STATION, PONNMARAVATHI TALUK, PUDUKKOTTAI DISTRICT.

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

+1 CC to M/s.R.JEGADEESWARAN, Advocate (SR-10984[I] dated 06/10/2022

ORDER

IN CRL OP(MD) No.17912 of 2022 Date :06/10/2022 pnm PKP/TR/SAR /11.10.2022/3P/6C 3/3