Sethupathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

1. Sethupathi, (*) Delete (*)2. Natarajan, ... Petitioners/1st & (*) 2nd Accused Vs The State rep.by The Inspector of Police, Thiruchuli, Virudhunagar District.

Crime No.235 of 2022.

... Respondent/Complainant For Petitioners : M/s.Poornachandran S, 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.235 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A3 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b),324,506(ii) of IPC and Section 4 of TNPHW Act in Crime No.235 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 family dispute the petitioners herein abused the defacto complainant, assaulted him and also threatened with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. He would further submit that injured has been discharged from the hospital. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit due to family dispute the petitioners herein abused the abused the defacto complainant, assaulted him and also threatened with dire consequences. Hence he opposed to grant anticipatory bail to the petitioners. However he fairly concedes that the injured has been discharged from the hospital and no previous case pending against the petitioners.

5. Heard. Perused the materials available on record including the First Information Report.

6. Taking into consideration the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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, Thiruchuli on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 and thereafter as and when required for interrogation.

[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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/12/2022 (*)Amended as per order of the Court dated 31/01/2023 in Crl.MP (MD).1542/2023 in Crl.OP(MD).

23000/2022.

Further two weeks time is granted to the petitioners to comply with the conditions imposed by this Court from the date of receipt of a copy of this order as last chance.

/ TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO TO BE SUBSTITUED WITH THE ORDER DATED 23/12/2022 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE, THIRUCHULI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, THIRUCHULI, VIRUDHUNAGAR DISTRICT.

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

+1 cc to Mr.S.POORNACHANDRAN, Advocate, SR.No.1603

ORDER

IN CRL OP(MD) No.23000 of 2022 Date :23/12/2022 SA/MMS/SAR.2/03.01.2023/3P/5C SA/VR/SAR.4/07.02.2023/3P/6C 3/3