Muthukrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

1. Muthukrishnan

2. Balaji ... Petitioners/Accused 1 and 2 -vsThe State represented by The Inspector of Police, Vaiyampatti Police Station, Trichirappalli District.

(Cr.No.405 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.405 of 2022 on the file of the respondent Police.

For Petitioners : Mr.K.S.Kathiravan, Advocate For Respondent : Mr.M.Veeranthiran 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 506(ii) in Crime No.405 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 11.12.2022, at around 11.00 am, due to a civil dispute, the petitioners have abused the de-facto complainant in filthy language and also threatened the de-facto complainant's son with dire consequences. Hence, the 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 a civil dispute has been exaggerated as a criminal case. He would further submit that the petitioners are ready to abide any stringent conditions imposed on them. 4.The learned Government Advocate (crl.side) would submit that on 11.12.2022 at about 11.00 am, when the de-facto complainant carrying out repairing works in the compound wall situated within 1/3

the de-facto complainant's land, the petitioners have abused the defacto complainant and also threatened the de-facto complainant's son with dire consequences. He would oppose for grant of anticipatory bail to the petitioners.

5.Heard the learned Counsel. Taking into consideration the facts and submissions and also on perusing the materials available on record including the 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, Manapparai, Trichy District, 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/- 02/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CMR 2/3

TO

1. THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, VAIYAMPATTY POLICE STATION, TIRUCHIRAPPALLI DISTRICT.

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

+1 CC to M/s.K.S.KATHRAVAN, Advocate ( SR-146[I] dated 04/01/2023 )

ORDER

IN CRL OP(MD) No.23085 of 2022 Date :02/01/2023 USK/SSS/SAR-III/09.01.2023/3P/6C 3/3