CRL OP(MD)/16139/2020 of Vellathai 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.16139 of 2020

1. Vellathai2. Gurursamy3. Krishnan @ Krishnasamay4. Karthick ... Petitioners/Accused

Vs

State of Tamil NaduRep.by The Inspector of Police,Kayathar Police Station,Thoothukudi District. Crime No. 803/2020. ... Respondent For Petitioners : M/s.U.Kasipandian 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. 803/2020 on the fileof the respondent police ORDER : The Court made the following order :- The petitioners, who are arrayed accused, apprehending arrestat the hands of the respondent police for the offences punishableunder Sections 147, 294(b), 427 and 506(ii) IPC and Section 4 ofTamil Nadu Prohibition of Harassment against Women Act, in CrimeNo.803 of 2020 on the file of the respondent police, seeksanticipatory bail.

2. The case of the prosecution is that due to wordy quarrel thepetitioners are said to have attacked the defacto complainant andcaused grievous injuries. This is a case in counter case.

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

3.The learned counsel appearing for the petitioners submittedthat the petitioners are innocent and they have not committed anyoffence as alleged by the prosecution.

4.The learned Government Advocate (Crl. Side) appearing for therespondent Police submitted that the 1[st] and 4[th] petitioner arehaving one previous case and the injured has been discharged fromthe hospital. He would further state that this is a case in countercase.

5.Considering the above facts and circumstances of the case andalso considering the fact that this is a case in counter case andthat the the injured has been discharged from the hospital, thisCourt is inclined to grant anticipatory bail to the petitioners withconditions.

6.Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance, within a periodof two weeks from the date of receipt of a copy of this order,before the learned Judicial Magistrate No.II, Kovilpatti, oncondition that the petitioners shall execute a bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) with two sureties each for alike sum to the satisfaction of the respondent Police or to thePolice Officer, who intends to arrest or to the satisfaction of thelearned Magistrate 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 policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen 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 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 NO.II, KOVILPATTI.

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

3.THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr. U.Kasipandian, Advocate in SR.No.05