CRL OP(MD)/16020/2020 of M.Kapil 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

1.M.Kapil

2.M.Osanna ... Petitioners/AccusedNo.1 and 2

Vs

The State rep.by The Sub Inspector of Police,Elanjambur Police Station, Ramanathapuram District. Crime No.196 of 2020. ... Respondent/Complainant For Petitioners : Mr.C.Gangai Amaran, Advocate. For Respondent : Mr.Seenivasan, Government Advocate (Crl.Side)

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

PRAYER :-

For Anticipatory Bail in Crime no. 196 of 2020 on the file ofthe respondent police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of therespondent police for the offences punishable under sections 294(b),323 and 506(i) of I.P.C., in Crime No.196 of 2020 on the file of therespondent police, seek anticipatory bail.

2.The case of the prosecution is that due to land 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.

3.Heard the learned counsel appearing for the petitioners andthe learned Government Advocate(Crl. Side) appearing for therespondent.https://hcservices.ecourts.gov.in/hcservices/

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 land 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, Mudukulathur, RamanathapuramDistrict, on condition that the petitioners shall execute a bond fora sum of Rs.10,000/- (Rupees Ten thousand only) each with twosureties each for a like sum to the satisfaction of the respondentPolice or to the Police Officer, who intends to arrest or to thesatisfaction of the learned Magistrate concerned and on furthercondition 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 first petitioner 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 secondpetitioner 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 conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCWhttps://hcservices.ecourts.gov.in/hcservices/5560]; and;

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

sd/-

30/12/2020

/ TRUE COPY /

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, MUDUKULATHUR, RAMANATHAPURAM DISTRICT. MUDUKULATHUR, RAMANATHAPURAM DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. RAMANATHAPURAM DISTRICT.

3.THE SUB INSPECTOR OF POLICE, ELANJAMBUR POLICE STATION, RAMANATHAPURAM DISTRICT. ELANJAMBUR POLICE STATION, RAMANATHAPURAM DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.