M.Kalimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. M.Kalimuthu
2. M.Devi
3. A.Malaichamy
4. M.Murugan ... Petitioners/Accused No.1 to 4 Vs The State rep.by The Inspector of Police, Veeracholan Police Station, Virudhunagar District.
Crime No.67 of 2022.
... Respondent/Complainant For Petitioner : M/s.Satish G.R., Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.67 of 2022 on the file of the Respondent Police.
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) and 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.67 of 2022, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is the Vice President of the Village Panchayat. On the date of occurrence, the defacot complainant went to the house of the second petitioner and warned her to remove the encroachment. At that time, the accused persons abused the defacto complainant in filthy language, threatened him with dire consequences and also assaulted him. Hence, the complaint.
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3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that it is a case and case in counter. The injured was treated as out patient. No previous case is pending against the petitioners.Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that it is a case and case in counter. Counter case was registered against the defacto complainant in Crime No.45 of 2022, the injured was treated as inpatient and no previous case is pending against the petitioners. The investigation is still pending. Hence, he strongly opposed to grant anticipatory bail to the petitioners. 5.
Considering the facts and circumstances of the case and also considering the facts that it is a case and case in counter, the injured was treated as out patient and no bad antecedent is reported against the petitioners, 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 District Munsif Cum Judicial Magistrate, Tiruchuli, Virudhunagar District, 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 Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police 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 Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
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(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, TIRUCHULI, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.VINOD KANNA, Advocate SR.No.53193 (F)
ORDER
IN CRL OP(MD) No.19629 of 2022 Date :07/11/2022 DSS SA/VR/SAR.2/17.11.2022/3P/6C 3/3