Ponnukalai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/09/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL 1.M.Ponnukalai 2.P.Panju @ Panchavarnam 3.Kaviarasu @ A.Kaviyarasu ... petitioners/Accused Nos.1,5 & 6 Vs State Represented by, The Inspector of Police, Melur Police Station, Madurai District.
(Crime No.567 of 2023).
... Respondent/Complainant For petitioners : Mr.M.Pandian, Advocate.
For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.567 of 2023 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners/Accused Nos.1,5 and 6 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.567 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that when the defacto complainant was standing infront of her house, the petitioner entered into wordy quarrel with her and scolded her using filthy language and also threatened her with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would contend that the petitioners are innocent. He would further submit that the petitioners and the defacto complainant are neighbours. The petitioners had not committed any such offences as alleged by the prosecution.
4. The learned Government Advocate (Crl.Side) would submit that the injured has been discharged from the hospital.
5. Heard both side and perused the materials available on record. 2/5
6. Considering the submissions made on either side and considering that injured is discharged from the hospital and these petitioners and the defacto complainant are neighbours and considering the offences charged against the petitioners, 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, Melur, Madurai 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 daily at 10.00 am., for the period of 30 days 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 3/5
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 IPC.
sd/- 29/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE MELUR POLICE STATION, MELUR TALUK, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.M.PANDIAN, Advocate ( SR-14623[I] dated 04/10/2023 )
ORDER
IN CRL OP(MD) No.17414 of 2023 Date :29/09/2023 SS/DD/05/10/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5