Madras High CourtCRL OP(MD)/23282/2022partly allowed

Baskar v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/12/2022 PRESENT The Hon`ble Ms.Justice R.N.MANJULA CRL OP(MD). No.23282 of 2022

1. Baskar

2. Jayaprakash

3. Alagumari ... Petitioners / Accused Nos.1 to 3 Vs The State represented by The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

Crime No.236 of 2022. ... Respondent / Respondent For Petitioners :

M/s.Veerakumar T, For Respondent :

Mr.M.Sakthi Kumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.236/2022 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 447, 294(b), 323, 324 and 506(ii) of I.P.C, in Crime No.236 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 due to land dispute, the petitioners abused and assaulted the defacto complainant with filthy language and also criminally threatened him. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against them, since there was a land dispute between the parties. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that in this case, the petitioners abused and assaulted the defacto 1/3

complainant and the injured is still taking treatment as in-patient. Hence, prays to dismiss the petition.

5.In response, the learned counsel for the petitioners submitted that since the third petitioner is a female and she is taking care of her children. It is a case and case in counter. Further he submitted that he may be permitted to not press this petition, with regard to the first and second petitioners and prayed to release the third petitioner on anticipatory bail. 6.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 7.Taking into consideration the facts and circumstances of the case and considering the nature of dispute between the parties and also the submission made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail only to the third petitioner with certain conditions. 8.

Accordingly, this Criminal Original Petition is partly allowed in respect of third petitioner alone and the third petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Muthukulathur, Ramanathapuram District, on condition that the third petitioner shall execute a bond for a sum of Rs.

(a)the third petitioner 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 third petitioner shall report before the respondent Police daily at 10:30 a.m., until further orders; (c)the third petitioner shall not tamper with the evidence or witness either during investigation or trial; (d)the third petitioner 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 third petitioner in accordance with law, as if the conditions have been imposed and the third petitioner 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/ third petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 2/3

9. This Criminal Original Petition is dismissed as not pressed as against the first and second petitioners. sd/- 28/12/2022 / TRUE COPY / 29/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE MUTHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.23282 of 2022 Date :28/12/2022 PNM/LR MK/SKN/SAR 2/29.12.2022/3P/5C 3/3