N.Ravi 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.N.Ravi 2.A.Chinna Gopal 3.Ramesh 4.P.Raj 5.Mallammal 6.Ayyarammal 7.Dhanalakshmi ... Petitioners/Accused Nos.1 to 4 & 7 to 9 Vs State through The Inspector of Police, Keela Paralachi Police Station, Virudhunagar District.
(Crime No.85 of 2023).
... Respondent/Complainant For petitioners : Mr.K.Dhanaraj,Advocate.
For Respondent : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.85 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4 and 7 to 9, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 506(2) IPC and Section 4 of TN Prohibition of Women Harassment Act, 2002 in Crime No.85 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant belong to the same Village, Sengulam. On 20.09.2023, the first accused consumed alcohol and quarrelled with the defacto complainant and abused him in filthy language and assailed him. 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 belong to the same Village and due to previous motive, the false complaint has been given against the petitioners. He further submitted that there are no previous cases pending against the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that the injured 2/5
has been discharged from the hospital. It is a case and counter case and the counter case has been registered in Crime No.84 of 2023.
5. Heard both side and perused the materials available on record.
6. Considering the rival submissions made on either side and considering that injured is discharged from the hospital, it is a case and counter case, the counter case has been registered in Crime No.84 of 2023, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: 8.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, Aruppukottai, 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 3/5
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]. [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 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
THE INSPECTOR OF POLICE KEELA PARALACHI POLICE STATION, VIRUDHUNAGAR DISTRICT.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17390 of 2023 Date :29/09/2023 PKP/MGA/SAR- /06.10.2023/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5