V Sathish v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 V SATHISH (WRONG MENTIONED SATHISH KUMAR IN FIR) 2 V.VISWANATHAN 3 V.PARVATHY 4 S.SIVAKAMI 5 K.GANESAN 6 K.SUBRAMANI 7 S.SUDHA 8 K.SELLAPPAN 9 K.VELUCHAMY 10 K.SATHASIVAM 11 S.MADHAVAN 12 M.SELAPPAN 13 S.LAKSHMI 14 M.GEETHA 15 MURUGAIYAN 16 B.KANNAGI 17 S.SIVASUBRAMANIAM 18 K.BALASUBRAMANI 19 S.SELAMMAL 20 R.NAGARAJ 21 M.SELLAPPAN ... Petitioners / Accused Vs 1/7
1 THE INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR DISTRICT.
(CRIME NO.523/2023) ... Respondent / Complainant 2 ARUMUGAM ... Petitioner / Defacto Complainant in CRL MP(MD) No.86 of 2024 For Petitioners :
M/SN.Shyllappa Kalyan, Advocate For Respondent :
Mr.P.Kottaichamy, Government Advocate ( Crl. Side) For Intervener :
Mr.L.Prabakaran, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER :
FOR ANTICIPATORY BAIL IN CR.NO.523/2023 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 alleged offence punishable under Sections 147, 148, 294(b), 323, 427, 506(2) and 379 of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.523 of 2023, seek anticipatory bail. 2/7
2. The case of the prosecution is that there was a group clash between the accused and the defacto complainant regarding the Temple and due to which, a wordy quarrel arose between both groups and they attacked each other and the accused stolen the properties. Hence, the defacto complainant made a complaint before the respondent Police and the respondent Police registered the case against the accused persons.
3. The learned counsel appearing for the petitioners would submit that it is a case in counter. The learned counsel appearing for the petitioners would further submit that the petitioners without prejudice their rights, ready to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the Credit of Crime No.523 of 2023 before (*)the learned Judicial Magistrate No.II, Karur District. He would further submit that the respondent Police implicated a false case against the petitioners. The learned counsel appearing for the petitioners would further submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons and thereby, he prays for anticipatory bail.
4. The learned counsel for intervener has no serious objections to grant anticipatory bail to the petitioners herein.
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5. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the investigation is going on.
6. Considering the facts and circumstances of the case and also considering the fact that the petitioners have come forward to deposit a sum of Rs.2,0,000/- (Rupees Two Lakhs only) to the Credit of Crime No.523 of 2023, I am inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners are granted anticipatory bail and they 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 of receipt of a copy of this order, before the (*)learned Judicial Magistrate No.II, Karur District, 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 and on further condition that: (a).if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
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(b).The petitioners are directed to deposit a sum of Rs.2,00,000/-(Rupees Two Lakhs only) to the credit of Crime No.523 of 2023 before (*)the learned Judicial Magistrate No.II, Karur District.
(c).the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(d).the petitioner Nos.2, 3, 4, 6, 7, 8, 12, 13, 14, 16 and 19 shall report before the respondent police as and when required for interrogation and the second petitioner Nos.1, 5, 9, 10, 11, 15, 17, 18, 20 and 21 shall report before the respondent Police for a period of two weeks at 10.30 A.M. and thereafter, as and when required for interrogation;
(e).the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f).the petitioners shall not abscond either during investigation or trial; (g).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]; and; 5/7
(h).if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/01/2024 (*)AMENDED AS PER THE ORDER OF THE HONBLE COURT in CRL MP(MD)No.1011 of 2024 in CRL OP (MD)No.23634 of 2023 dated 01/02/2024.
TIME GRANTED BY THIS COURT TO COMPLY WITH THE CONDITION IMPOSED VIDE ORDER DATED 08.01.2024 IN CRL.O.P.(MD).NO.23634 OF 2023 IS EXTENDED FOR A PERIOD OF TWO WEEKS FROM THE DATE OF RECEIPT OF AMENDED COPY OF THIS ORDER.
/ TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG To TO BE SUBSTITUTED WITH THE ORDER DATED 08/01/2024 ALREADY DESPATCHED 1.The Judicial Magistrate No.V, Karur.
2.The Judicial Magistrate No.II, Karur.
3.Do through the Chief Judicial Magistrate, Karur District.
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4.The Inspector of Police, Vangal Police Station, Karur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC to M/SN.Shyllappa Kalyan, Advocate SR.No.1305(I), dated 01/02/2024
ORDER
IN Date :08/01/2024 ED/ JGB /SAR- (11/01/2024) 7P / 6C TTA ED /SAR- (02/02/2024) 7P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7