Madras High CourtCRL OP(MD)/21054/2022partly allowed

M.Manivannan v. The Inspector Of Police

2022-11-29Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.21054 of 2022

1. M.Manivannan

2. Isakkipandi

3. Shanmugavel ... Petitioners/Accused Rank Not Known Vs The State Rep.by The Inspector of Police, Koomapatty Police Station, Virudhunagar District.

Crime No.147 of 2022.

... Respondent/Complainant For Petitioner : M/s.Shobana 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.147 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 427, 332, 353 and 506(ii) IPC in Crime No.147 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the Head Constable. It is a dispute between the defacto complainant and the public. During the time of temple festival, when he was in duty, there was a wordy quarrel between him and that the petitioners. Due to which, they have attacked the defacto complainant and also abused him in filthy language. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He would further submit that the injured was discharged from the hospital, no previous case is pending 1/3

against the petitioners and the co-accused were already granted anticipatory bail by this Court, in CRL OP(MD).No.20382 of 2022 dated 17.11.2022. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that totally 34 accused are involved in this case. The petitioners were arrayed as A9 & A10. The petitioners herein along with others have damaged the chairs worth about Rs.200/-. The injured was discharged from the hospital, no previous case is pending against the petitioners and the co-accused were already granted anticipatory bail by this Court. However, considering the gravity of the offence and the investigation is still pending, he strongly opposed to grant anticipatory bail to the petitioners.

5.At this juncture, the learned counsel for the petitioners seeks permission of this Court to withdraw this petition insofar as the first petitioner is concerned and he has also made an endorsement to that effect. Accordingly, this Criminal Original Petition is dismissed as withdrawn insofar as the first petitioner is concerned.

6.Considering the facts and circumstances of the case and also considering the facts that the injured was discharged from the hospital, no bad antecedent is reported against the petitioners and the co-accused were already granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions 7.Accordingly, the petitioners 2 & 3 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.I, Srivilliputur, on condition that the petitioners 2 & 3 shall execute a bond for a sum of Rs.

(b)the petitioners 2 & 3 shall report before the respondent police daily at 10.30 am and 5.30 pm until further orders. (c)the petitioners 2 & 3 shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners 2 & 3 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 2 & 3 in accordance with law as if the conditions have been imposed and the petitioners 2 & 3 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/- 29/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I SRIVILLIPUTHUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE KOOMAPATTY POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.M.SHOBANA, Advocate ( SR-14073[I] dated 30/11/2022 )

ORDER

IN CRL OP(MD) No.21054 of 2022 Date :29/11/2022 DSS MK/VR/SAR III/07.12.2022/3P/6C 3/3