Mathiyazhagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.21891 of 2022 1.Mathiyazhagan 2.Priya

...Petitioners / Accused No.3 & 4

-vsThe State represented by The Inspector of Police, Siruganur Police Station, Trichy District.

(Cr.No.271 of 2022)

...Respondent

For Petitioners :

Mr.J.Vishnu, Advocate.

For Respondent :

Mr.P.Kottai Chamy Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest in connection with Cr.No.271 of 2022 on the file of the respondent Police.

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 in Crime No.271 of 2022 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution as per the de-facto complainant, is that on 08.11.2022, due to previous enmity, the petitioners and other accused trespassed into the house of the de-facto complainant's mother-in-law, abused the de-facto complainant in filthy language, assaulted him and also threatened him with dire consequence. Hence, the complaint.

3.The learned Counsel for the petitioners would submit that the petitioners are innocent and a false complaint has been given. He would also submit that this is the second application for anticipatory bail and the earlier application for anticipatory bail 1/3

in Crl.O.P.(MD)No.20308 of 2022 was dismissed on 22.11.2022 on the ground that the investigation is in the preliminary stage and the injured are still in the hospital. He would submit that as on date, the injured has been discharged from the hospital and the arrested accused have been released on bail.

4.The learned Government Advocate (crl.side) would submit that this is the second application for anticipatory bail and he would submit that the injured has been discharged from hospital on 23.11.2022 and the arrested accused have been released on bail. 5.Heard the learned Counsel. Taking into consideration the facts and circumstances of the 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 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 Court, Lalgudi, Trichy District on condition that the petitioners shall execute 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 everyday at 10.30 a.m., for a period of four weeks, thereafter every Saturday 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

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TO 1 THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE SIRUGANUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.21891 of 2022 Date :12/12/2022 cmr MK/SSS/SAR 1/19.12.2022/3P/5C 3/3