Ayyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD). No.15741 of 2023

1. Ayyappan,

2. K.Dinesh Kumar,

3. K.Jeyaprakash,

4. K.Prithiviraj, ... Petitioners/Accused 1 to A4 Vs The State rep. by The Inspector of Police, Kariyappatti Police Station, Virudhunagar District.

Cr.No.172/2023. ... Respondent/Complainant For Petitioners : M/s.Veerapandi .S.P., Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 172/2023 on the file of the respondent Police. 1/

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323,324,355,506(i),109 of IPC r/w.Section 4 of TNPHW Act in Crime No.172 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute on 21.08.2023 the petitioners herein in a drunken mood abused,assaulted the defacto complainant and also threatened with dire consequences and they also torn the dress of the daughter of the defacto complainant , hence the case.

3.The learned counsel for the petitioners would contend that the petitioners are innocent and a false case has been foisted against them. He would further submit that the injured has been discharged from the hospital, hence he seek anticipatory bail.

4. The learned Additional Public Prosecutor would submit that accused persons in a drunken mood abused,assaulted the defacto complainant and also threatened with dire consequences and they also torn the dress of the daughter of the defacto complainant. He would further submit that the injured has been discharged from the hospital, however he objected to grant anticipatory bail to the petitioner. He fairly concedes that no previous case is pending against the petitioner. 2/

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

6. Considering the rival submissions on either side and considering the fact that injured has been discharged from the hospital and also considering the fact no previous case is pending against the petitioners and also considering the nature of offence, 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 No.II, Virudhunagar, Virudhunagar 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 condition that:

[a] the petitioners shall report before the respondent police on every Saturday at 10.00 am., for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

3/

[c] the petitioners shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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 IP sd/- 30/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR DISTRICT 4/

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRCT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE KARIYAPPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-12992[I] dated 31/08/2023 )

ORDER

IN CRL OP(MD) No.15741 of 2023 Date :30/08/2023 SSA/DD/31.08.2023/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/