Sivakami v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

1. Sivakami

2. Ramamoorthy

3. Sathishkumar ... Petitioners / Accused Rank not known Vs State rep by The Inspector of Police, Keeraidurai Police Station, Madurai District.

(Cr.No.not known of 2023.) ... Respondent / Complainant For Petitioners :

Mr.R Udhayakumar, Advocate.

For Respondent :

Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.not known of 2023 on the file of the respondent police, seek anticipatory bail.

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2.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false complaint has been given against them, hence he seeks anticipatory to the petitioners.

3.The learned Additional Public Prosecutor appearing for the respondent would submit that on receiving complaint from the complainant petition enquiry is pending.

4. Considering the allegations in the petition and no case has been registered as against the petitioners as on date and also considering the allegations as against the petitioners this Court is inclined to grant anticipatory bail to the petitioners.

5. 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 No.IV, Madurai on condition that the petitioners shall execute own bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank Pass 2/4

Book to ensure his identity.

[b] the petitioners shall appear before the respondent police and co operate with the investigation.

[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/- 23/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate No.IV, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Keeraidurai Police Station, Madurai City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.UDHAYAKUMAR, Advocate ( SR-16729[I] dated 23/11/2023 )

ORDER

IN CRL OP(MD) No.21019 of 2023 Date :23/11/2023 ED/JGB/SAR- (29/11/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4