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Madras High CourtCRL OP(MD)/20444/2022granted

G.Rajagopal v. The Sub Inspector Of Police

2022-11-18Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. G.Rajagopal

2. K.Jothilakshmi

3. P.S.Gopal ... Petitioners/Accused No.1 to 3 Vs The State Rep. By, The Sub Inspector of Police, M.Pudupatti Police Station, Sivakasi Taluk, Virudhunagar Distric.

Cr.No.115/2022.

... Respondent/Complainant For Petitioner : M/s.Ashok Kumar M, Advocate.

For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.115/2022 on the file of the Respondent police.

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), 434 and 506(ii) IPC, in Crime No.115 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there is a civil dispute pending between the parties, the petitioners abused the defacto complainant and his family members in filthy language and made an attempt to threaten them by showing weapons and also destroyed the property. Hence the complaint.

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. Hence, he prays for anticipatory bail. 1/3

4.The learned Government Advocate(Crl.Side) would submit that due to civil dispute between the parties, the petitioners abused the defacto complainant and his family members in filthy language and made an attempt to threaten them by showing weapons and also destroyed the property. No one has sustained injury in this case and A1 is having one previous case. Hence, he strongly opposed to grant anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that no one has sustained injury in this case, 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.2, Sivakasi, 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 respondent Police or to the Police Officer, who intends to arrest or 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 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;

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

sd/- 18/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDIICIAL MAGISTRATE NO.2, SIVAKASI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE SUB INSPECTOR OF POLICE, M.PUDUPATTI POLICE STATION, SIVAKASI TALUK, VIRUDHUNAGAR DISTRIC.

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

+1 CC to M/s.M.ASHOK KUMAR, Advocate ( SR-13290[I] dated 18/11/2022 )

ORDER

IN CRL OP(MD) No.20444 of 2022 Date :18/11/2022 sji USK/VR/SAR-II/29.11.2022/3P/6C 3/3