Balamurugan v. The Inspetor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL CRL OP(MD)No.15936 of 2023 1.Balamurugan 2.Palavesam 3.G.Ramalingam ... Petitioners/Accused 1 to 3 Vs The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

Crime No.371 of 2023 ... Respondent/Complainant For Petitioners : Mr.K.P.Naryanakumar, 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.371 of 2023 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) IPC in Crime No.371 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to some dispute between the parties, the accused persons abused, assaulted and threatened the defacto complainant with dire consequences. Hence the case.

3.The learned counsel for the petitioners would contend that the petitioners are innocent persons and they have been falsely implicated in this case. Originally, the defacto complainant only entered into wordy quarrel in a drunken mood with the petitioners. Hence, he prayed for anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor would submit that these petitioners abused, assaulted and threatened the defacto complainant and investigation is pending. Apart from this, first petitioner is having five previous cases, out of which, four cases were disposed. The second petitioner is having three previous cases, out of which, one case was disposed. The third petitioner is having seven previous cases, out of which, four cases were disposed.

2/5

5.Heard both side and perused the materials available on record. 6.Considering the rival submissions on either side and considering the fact that the no one was hospitalised in this case and also considering the fact that except 506(ii) of IPC 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, Radhapuram 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 10.30 a.m., 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.

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 3/5

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/- 01/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPETOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-13068[I] dated 01/09/2023 ) 4/5

ORDER

IN CRL OP(MD) No.15936 of 2023 Date :01/09/2023 SSA/VRS/13.09.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5