Eswaran @ Easwaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Eswaran @ Easwaran,
2. Singadurai, ... Petitioners/Accused Nos. 1 & 2 Vs State Rep.by The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.
(Crime No.316/2022).
... Respondent/Complainant For Petitioner : M/s.Sasikumar V, 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 Cr No.316/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323 and 506(1) IPC, in Crime No.316 of 2022, seek anticipatory bail.
2.The case of the prosecution is that there was a dispute between the parties regarding the installation of idol in the Irulappasamy Temple, due to which, on 08.11.2022 at about 09.00 p.m., while the de-facto complainant and his wife were chatting with in front of their house, the petitioners abused them in filthy 1/3
language and attacked them with wooden log and also caused injuries to them. 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 a counter case in Crime No.315 of 2022 is pending against the de-facto complainant. Hence, he prays for anticipatory bail. 4.The learned Government Advocate (Crl.Side) would submit that the injured was discharged from the hospital and the first petitioner is having no previous case and the second petitioner is having one previous case. However, considering the gravity of offence, he strongly opposed to grant anticipatory bail. 5.Considering the facts and circumstances of the case and also considering the facts that the injured was already discharged from the hospital and the counter case in Crime No.
315 of 2022 is pending against the de-facto complainant, 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, Sivagiri, 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 2/3
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.
TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.SASIKUMAR, Advocate ( SR-13349[I] dated 21/11/2022 )
ORDER
IN CRL OP(MD) No.20488 of 2022 Date :18/11/2022 sji PKP/BUC/SAR-1/28.11.2022/3P/6C 3/3