Kasamadan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN 1.Kasamadan, 2.Raju, 3.Veerasangili, 4.Lakshmanan, ... Petitioners/Accused Nos. 4 to 8 Vs.

State Rep.by The Inspector of Police, Eral Police Station, Thoothukudi District.

(Crime No.218 of 2022) ... Respondent/Complainant For Petitioner : Mr.V.Angusamy,Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.218 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A4, A6, A7 & A8, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 448, 294(b), 323, 324 and 506(ii) IPC, in Crime No.218 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is running paint and hardware shop at Eral. The first petitioner is the Mechanic, who is working in a two wheeler workshop 1/3

near to the defacto complainant's shop. On 08.10.2022 at 4.15 p.m., the first petitioner is said to have urinated near the shop of the def-facto complainant. When the same was questioned by him, the petitioners have attacked him with iron rod and abused the him by using filthy language. Hence, the complaint.

3.The learned counsel for the petitioners would submit submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital. He would further submit that A6 is having six previous cases. Hence, he strongly opposed to grant anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Srivaikundam, 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the Inspector of Police, Jeeyapuram Police Station, Trichy daily at 10.30 am until further orders.

(c)the petitioners shall not tamper with 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 2/3

Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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

sd/- 20/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE NO.II, SRIVAIKUNDAM.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY.

+1 CC to M/s.V.ANGUSAMY, Advocate ( SR-11855[I] dated 26/10/2022 )

ORDER

IN CRL OP(MD) No.18861 of 2022 Date :20/10/2022 VSD PKP/GB/SAR-1/02.11.2022/3P/7C 3/3