Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P(MD)No.21419 of 2022 1.Manikandan 2.Balu

...Petitioners/Accused Nos.1 & 2

-vsState rep.by The Inspector of Police, Abiramam Police Station, Ramanathamapuram District.

*(Crime No.270 of 2022)

...Respondent/Complainant

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.270 of 2022 on the file of the respondent Police.

For Petitioners : Mr.A.Karthik, Advocate For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

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 and 506(ii) of IPC and Section 4 of TNPHW Act in *Cr.No.270 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 due to the dispute for fetching of water from the channel for irrigation purpose, the petitioners and other accused persons have abused the de-facto complainant in filthy language and assaulted the de-facto complainant by using hands and sticks. 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 there is no previous case pending against the petitioners and it is a case and case in counter. 4.The learned Government Advocate (crl.side) would submit that due to the dispute for fetching of water from the channel for irrigation purpose, the accused have assaulted the de-facto complainant and abused him in filthy language. He would also submit that it is a case and case in counter and he opposes to grant anticipatory 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, Kamuthi, on condition that the petitioners shall execute 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 everyday at 10.30 a.m., for a period of two 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/- 14/12/2022 / TRUE COPY / *AMENDED AS PER ORDER OF THIS COURT DATED 20/02/2023 IN Crl.O.P(MD).No.21419 of 2022.

TIME IS ALSO EXTENDED FURTHER FOR A PERIOD OF TWO WEEKS, FROM THE DATE ON WHICH THE ORDER IS COPY MADE READY. THEREAFTER, NO FURTHER EXTENSION WILL BE GIVEN.

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

cmr TO TO BE SUBSTITUTED TO THE ORDER DATED 14/12/2022 ALREADY DESPATCHED

1. THE JUDICIAL MAGISTRATE, KAMUTHI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.KARTHIK A Advocate SR.No.14964

ORDER

IN CRL OP(MD) No.21419 of 2022 Date :14/12/2022 SP/SSS/SAR IV/22/12/2022/3P/6C NA/MMS/SAR II/02.03.2023/3P/6C