Madras High CourtCRL OP(MD)/23231/2022granted

Arun v. The Inspector Of Police

2022-12-28Honourable Ms Justice R.N.Manjula3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/12/2022 PRESENT The Hon`ble Ms.Justice R.N.MANJULA

1. Arun

2. Naveen

3. Kavin ... Petitioners/Accused No.1,2&5 Vs The State rep.by, The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Maduria District.

Crime No.312 of 2022.. ... Respondent/Complainant For Petitioner : M/s.Atham Ali S, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.312 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 448, 427, 506(ii) of I.P.C. r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.312 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that on 11.12.2022, during the temple festival in Veerakaliamman Kovil at Vachampatti, the accused persons gathered and teased the 1/3

elder people. When the same was questioned by the defacto complainant's grandson, the accused persons threatened him with dire consequences and attacked him brutally. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against them, due to previous enimity. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that injured in this case has been discharged from the hospital. During the temple festival, in drunken mood, the accused persons assembled there and involved in the occurrence.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that injured person was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of 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, Melur, on condition that the petitioners shall execute a 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 learned 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 daily at 10:30 a.m., until further orders;

(c)the petitioners shall not tamper with the 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 2/3

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]; and;

(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 28/12/2022 / TRUE COPY / 29/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO 1.THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MELUR TALUK, MADURIA DISTRICT.

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

+1 CC to M/s.S.ATHAM ALI, Advocate ( SR-15615[I] dated 28/12/2022 )

ORDER

IN CRL OP(MD) No.23231 of 2022 Date :28/12/2022 RK/VR/SAR-2 (29/12/2022) 3P/6C 3/3