CRL OP(MD)/16031/2020 of Navaneethakannan Vs The Inspector of Police on 30 December 2020

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

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD). No.16031 of 2020

1.Navaneethakannan

2.Muthurakku ... Petitioners/Accused No.1 and 2

- Vs. -

The State rep.by The Inspector of PolicePoovanthi Police Station,Sivagangai District. Crime No.270 of 2020. ... Respondent/Complainant For Petitioners: Mr.S.Vikram, Advocate. For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.CPRAYER :- For Anticipatory Bail in Crime no. 270 of 2020 on the file ofthe respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who apprehend arrest at thehands of the respondent police for the offences punishable underSections 294(b) and 323 IPC and Section 4 of Tamil Nadu Prohibitionof Women Harassment Act, seek anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that due to civil dispute, thepetitioners said to have abused the defacto complainant and alsoassaulted her.

4. The learned counsel for the petitioners would submit thatthe petitioners are innocent persons and a false case has beenfoisted against them. He would also submit that the injured wasdischarged from the hospital. He would further submit that in thecounter case, accused were released on bail by the lower Court.

5.The learned Government Advocate(Crl.Side) would submit thathttps://hcservices.ecourts.gov.in/hcservices/the injured person was also discharged from the hospital.

6.Taking into consideration the facts and circumstances of thecase and also taking note of the fact that the injured wasdischarged 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 offifteen days from the date of receipt of a copy of this order,before the learned Judicial Magistrate Court No.II, SivagangaiDistrict, 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 second petitioner/ A2 shall appear before therespondent police as and when required for interrogation. The firstpetitioner/ A1 shall report before the respondent police daily at10.30 a.m., for a period of two weeks and thereafter 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 SCW5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

sd/-

30/12/2020

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

https://hcservices.ecourts.gov.in/hcservices/

https://hcservices.ecourts.gov.in/hcservices/ 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 No.II, SIVAGANGAI DISTRICT. SIVAGANGAI DISTRICT.

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

3.THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.