Alagarsamy v. The Inspector of Police

CRL OP(MD)No.8724 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/05/2023 PRESENT The Hon`ble Mrs.Justice R.KALAIMATHI CRL OP(MD)No.8724 of 2023

1.Alagarsamy,

2.Karuppaiya,

3.Amudha,

4.Ravikumar @ Kumar, ... Petitioners/Accused Nos.1 to 4 Vs The State rep.by The Inspector of Police, Pandalgudi Police Station, Virudhunagar District. (Crime No.33 of 2023). ... Respondent/Complainant For Petitioners : M/s.SIVAPRAKASH.S, Advocate. For Respondent : Mr.M.VAIKKAM KARUNANITHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.33 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 323, 324 and 506(ii) of IPC in Crime No.33 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is neighbour of the accused. Due to pathway dispute, the accused persons assaulted the defacto complainant, abused him with filthy languages and also threatened him with dire consequences. Hence, the complaint.

¶3Heard both sides and perused the materials available on record including the First Information Report. CRL OP(MD)No.8724 of 2023

4.Considering the facts and circumstances of the case and also considering the fact that injured was discharged from the hospital and no previous case is pending against the petitioners, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aruppukottai, on condition that the petitioners shall execute 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 of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned failing which, the petition for anticipatory bail shall stand dismissed and on further condition that

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the first petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand Only) by way of demand draft drawn in favour of the defacto

complainant

directly

and

on

production

of proof/acknowledgement the learned Magistrate shall accept the sureties furnished by the first petitioner.

(c) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 10/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. CRLeOP(MD)No.8724eofe2023 CP TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE, PANDALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.8724 of 2023 Date :10/05/2023 SA/VR/SAR.4/16.05.2023/3P/5C