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Madras High CourtCRL OP(MD)/20455/2022granted

Mathiyalagan v. The Inspector Of Police

2022-11-25Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Mathiyalagan,

2. Dhanraj,

3. Saraswathi,

4. Lakshmi,

5. Jayaraj, ... Petitioners/Accused Nos.1 to 5 Vs State Rep.by The Inspector of Police, Jampunathapuram Police Station, Jampunathapuram, Musiri Taluk, Trichy District.

Crime No.174 of 2022..

... Respondent/Complainant For Petitioner : M/s.Madhu J, 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.174 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.174 of 2022, seek anticipatory bail.

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2.The case of the prosecution is that on 30.06.2022, when the petitioners were working in their field, the defacto complainant along with his family members came to the spot and asked them to leave the field by stating that the field belongs to their family and attacked him and also threatened him with dire consequences. 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. He would further submit that due to the aforesaid occurrence, a counter case in Crime No.175 of 2022 of 2022 has been registered against the de-facto complainant. Hence, he prays for anticipatory bail.

4.The learned Government Advocate(Crl.Side) would submit that it is a case and case in counter and the injured was discharged from the hospital and no previous case is pending against the petitioners. He would further submit that the investigation in this case is still pending. Hence, he opposed to grant anticipatory bail. 5.Considering the facts and circumstances of the case and considering the fact that the injured was already discharged from the hospital and also the facts that it is a case and case in counter and the petitioners are not having any bad antecedents, 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 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, Thuraiyur, 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 a.m., 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.

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(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/- 25/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE JAMPUNATHAPURAM POLICE STATION, JAMPUNATHAPURAM, MUSIRI TALUK, TRICHY DISTRICT.

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

+1 CC to M/s.J.MADHU, Advocate ( SR-13729[I] dated 25/11/2022 )

ORDER

IN CRL OP(MD) No.20455 of 2022 Date :25/11/2022 cp PKP/BUC/SAR-4/07.12.2022/3P/6C 3/3