CRL OP(MD)/21106/2021 of M.Thuyavan Vs The Inspector of Police on 29 December 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )Date : 29.12.2021PRESENT

The Hon`ble Mrs.Justice S.ANANTHI

CRL OP(MD). No.21106 of 2021

1.M.Thuyavan

2.K.Arunkumar ... Petitioners/Accused No.1 & 2

Vs.

State rep.byThe Inspector of Police,Keeranur Police Station,Dindigul District.

(Crime NO.407/2021) ... Respondent/Complainant For Petitioners: M/s.C.Gangai Amaran For Respondent : M/s.K.Sanjai Gandhi, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Anticipatory Bail in Crime No.407 of 2021 on the fileof the respondent Police.

ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.407 of 2021 on the file of the respondentpolice, the petitioners have come forward with this petition seekinganticipatory bail.

2.The case of the prosecution is that on 19.12.2021, at about04.00 pm, due to a pathway dispute, there was a wordy quarrelbetween the parties which resulted in physical attack. Hence, thecomplaint.

3.The learned counsel for the petitioners would submit thathttps://hcservices.ecourts.gov.in/hcservices/this a case in counter and no previous case is pending against thepetitioners.

4. The learned Government Advocate, on instructions, wouldsubmit that no previous case is pending against the petitioners andthe injured has been discharged from the Hospital.

5. Considering the facts that no previous case is pendingagainst the petitioners, the injured has been discharged from theHospital and that except the offence under Section 506(i) of IPC,all other offences are bailable in nature, this Court is inclined togrant anticipatory bail to the petitioners with certain conditions.

6. 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 Judicial Magistrate, Palani, Dindigul District, and on themexecuting a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each with two sureties each for a like sum to the satisfaction ofthe learned Magistrate concerned and on further conditions 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 Aadhaar cards or bank passbooks to ensure their identity.(b)the petitioners shall report before the respondent policedaily at 10.30 a.m., for a period of thirty days and thereafter, 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].

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

Sd/-

29/12/2021

/ TRUE COPY /

/ /2022

Sub-Assistant Registrar (C.S.IV)

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.

TO1. THE JUDICIAL MAGISTRATE, PALANI, DINDIGUL DISTRICT.2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.3. THE INSPECTOR OF POLICE, KEERANUR POLICE STATION, DINDIGUL DISTRICT.

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