CRL OP(MD)/16015/2020 of Mr.Rajapandi 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.ILANGOVANCRL OP(MD). No.16015 of 2020

1.Rajapandi2.Pandi 3.Soundarapandi4.Alex Pandiyan @ Alex5.Sudha Pandi @ Sudha6.Azhagar ... Petitioners/Accused Rank No.1to6

Vs.The State rep. byThe Inspector of Police,Koodalpudur Station,Madurai District.Crime No. 1863 of 2020. ... Respondent/Complainant For Petitioners: Mr.Karthick.R.J. Advocate. For Respondent : Mr.R.Erottuchamy, Government Advocate (Criminal Side)

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

PRAYER :-

For Anticipatory Bail in Crime no.1863 of 2020 on the file ofthe respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 6, who apprehend arrest at thehands of the respondent police for the offences punishable underSections 147, 323 IPC and Section 4 of Tamil Nadu Prohibition ofWomen Harassment Act, seek anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that due to matrimonialdispute, the petitioners said to have assaulted the defactohttps://hcservices.ecourts.gov.in/hcservices/complainant.

4.The learned counsel for the petitioners would submit that thepetitioners are innocent persons and a false case has been foistedagainst them. He would also submit that the injured was dischargedfrom the hospital .

5.The learned Government Advocate(Criminal Side) would submitthat 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 Additional Mahila Court (Magistrate Level),Madurai, 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 fifth petitioner/ A5 shall appear before the respondentpolice as and when required for interrogation. The petitioners1 to 4 & 6 / A1 to A4 & A6 shall report before the respondentpolice daily at 10.30 a.m., for a period of two weeks andthereafter as and 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;

(f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC. sd/- 30/12/2020 / TRUE COPY / / /2020

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 ADDITIONAL MAHILA JUDGE, (MAGISTRATE LEVEL) MADURAI.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.3. THE INSPECTOR OF POLICE, KOODALPUDUR STATION, MADURAI DISTRICT.

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

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-8585[I] dated 31/12/2020 )