Pandiyammal @ Pandeeswari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Pandiyammal @ Pandeeswari 2.Vadivel 3.Ajith 4.Murugan ... Petitioners/Accused 1-4 -vsState represented by The Inspector of Police, Aundipatti Police Station, Theni District.

(Cr.No.423 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.423 of 2022 on the file of the respondent Police.

For Petitioners : Mr.K.Appadurai, 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 294(b), and 323 of IPC and Section 4 of TNPHW Act in Crime No.423 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 07.12.2022 at about 11.00 p.m., when the de-facto complainant and her son were returning to their home after their work, the petitioners have abused them in filthy language and assaulted them and threatened them with dire consequences. Hence, complaint.

3.The learned Counsel for the petitioners would submit that the petitioners are innocents and a false complaint has been given. He would also submit that it is a case and case in counter and on the complaint given by the petitioners side, a case in Cr.No.423 of 2022 has been registered against the de-facto complainant. He would also submit that the injured has been discharged from hospital. 4.The learned Government Advocate (crl.side) would submit that on 07.12.2022 at about 11.00 p.m., when the de-facto complainant and her son were returning to their home after their work, the 1/3

petitioners have abused them in filthy language and assaulted them and threatened them with dire consequences. He would also submit that the injured has been discharged from hospital. 5.Heard the learned Counsel. Taking into consideration the facts and submission and on perusing the materials available on record including F.I.R., 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, Aundipatti, on condition that the petitioners shall execute bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each with one surety 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 first petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one week, thereafter every Saturday at 10.30 am until further orders. the petitioner 2 to 4 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/- 19/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, cmr Madurai - 625 023. 2/3

To 1 THE JUDICIAL MAGISTRATE, AUNDIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, AUNDIPATTI POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.APPADURAI.K, Advocate ( SR-15134[I] dated 20/12/2022 )

ORDER

IN CRL OP(MD) No.22392 of 2022 Date :19/12/2022 RS/VR/SAR.2(27.12.2022) 3P-6C 3/3