CRL OP(MD)/16062/2020 of Muthukalai 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.16062 of 2020

1. Muthukalai2. Muthupandi ... Petitioners/AccusedRank Not Known

Vs

State Rep.byThe Inspector of Police,Theppakulam Police Station, Madurai City. Crime No.1323/2020.... Respondent/Complainant For Petitioners: M/s.R.Ranjitha, Advocate. For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side)

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

PRAYER :- For Anticipatory Bail in Crime No.1323 of 2020 on the fileof the Respondent Police Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners andthe learned Government Advocate(Crl.Side) appearing for therespondent.

2. The petitioners apprehending arrest at the hands of therespondent police for the offences punishable under sections 294(b),324, 506(ii) of I.P.C., and Section 4 of the Tamil Nadu Prohibitionof Harassment of Women Act, in Crime No.1323 of 2020 on the file ofthe respondent police, seek anticipatory bail.

3.The case of the prosecution is that due to wordy quarrelbetween the petitioners and the defacto complainant, the petitionerssaid to have abused the defacto complainant by using filthy languagehttps://hcservices.ecourts.gov.in/hcservices/and also assaulted him with deadly weapons. Hence, the complaint.

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. He furthersubmitted that the petitioners have been falsely implicated in thiscase. Hence, he prayed for grant of anticipatory bail to thepetitioners.

5.The learned Government Advocate (Crl. Side), on instructions,submitted that the Defacto Complainant has sustained simply injuryand he has already been discharged from the hospital.

6.Considering the facts and circumstances of the case and alsoconsidering the fact that the injured person has already beendischarged from the hospital, I am inclined to grant anticipatorybail 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 offour weeks from the date of receipt of a copy of this order, beforethe learned Judge, Additional Mahalir Court, Madurai, on conditionthat the 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 shall report before the respondent police asand when required 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;

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

(f)if the accused/petitioners thereafter absconds, 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 JUDGE, ADDITIONAL MAHALIR COURT, MADURAI. ADDITIONAL MAHALIR COURT, MADURAI.

2. THE INSPECTOR OF POLICE,

THEPPAKULAM POLICE STATION, MADURAI CITY. MADURAI CITY.

3. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI.