CRL OP(MD)/16129/2020 of Kiruba Vs The Inspector of Police on 30 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30/12/2020PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD). No.16129 of 2020

1. Kiruba2. Yokesh @ Lokesh3. Lakshmanan4. Rekha5. Renuka ... Petitioners/Accused Nos.1 to 5

Vs

State throughThe Inspector of Police,Gudalur North Police Station, Theni District. (Crime No.899/2020). ... Respondent/Complainant For Petitioners : Mr.A.Jayaramachandran, Advocate. For Respondent : Mr.Seenivasan, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-For Anticipatory in Crime No.899/2020 on the file of therespondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of therespondent police for the offences punishable under sections 147,294(B), 323 and 506(i) of I.P.C., in Crime No.899 of 2020 on thefile of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to family dispute,there was a wordy quarrel between the petitioners and the defactocomplainant, in which, the petitioners said to have abused thedefacto complainant by using filthy language and also attacked thedefacto complainant and caused injuries. Hence, the presentcomplaint. https://hcservices.ecourts.gov.in/hcservices/

3.Heard the learned counsel appearing for the petitioners andthe learned Government Advocate(Crl. Side) appearing for therespondent.

4.The learned counsel appearing for the petitioners submittedthat the petitioners are innocent persons and they have notcommitted any offence as alleged by the prosecution and they havebeen falsely implicated in this case. Hence, they seek anticipatorybail.

5.The learned Government Advocate (Crl. Side), appearing forthe respondent police submitted that the injured person has alreadybeen discharged from the hospital.

6.Considering the facts and circumstances of the case and alsoconsidering the fact that due to family dispute, the occurrence saidto have taken place and the injured person has already beendischarged from the hospital, this Court is inclined to grantanticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released onbail in the event of arrest or their appearance, within a period oftwo weeks from the date of receipt of a copy of this order, beforethe learned Judicial Magistrate, Uthamapalayam, on condition thatthe petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten thousand only) each with two sureties each for a likesum to the satisfaction of the respondent Police or to the PoliceOfficer, who intends to arrest or to the satisfaction of the learnedMagistrate concerned and on further condition that:

(a)the petitioners and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioners 2 and 3 shall report before the respondentpolice daily at 10.30 a.m., for a period of two weeks andthereafter, as and when required for interrogation. The petitioners1, 4 and 5 shall report before the respondent police as and whenrequired for interrogation.

(c)the petitioners shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioners shall not abscond either duringinvestigation or trial; (e)on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshttps://hcservices.ecourts.gov.in/hcservices/have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW5560]; and;

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

sd/-

30/12/2020

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.

TO

1.THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE INSPECTOR OF POLICE, GUDALUR NORTH POLICE STATION, THENI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.