Vembu v. The Inspector of Police

CRL OP(MD)No.8881 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.05.2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD)No.8881 of 2023

1.Vembu

2.Ravi

3.Selvi

4.Mala

... Petitioners/accused No.1&4

Vs The State Represented by The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District. (Crime No.316 of 2023) ... Respondent/Complainant For Petitioners : Mr.C.Suresh Kannan, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :-For Anticipatory Bail in Crime No.316 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 294

(b), 342, 323, and 506(i) IPC in Crime No.316 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the fourth petitioner and the defacto complainant are wife and husband. Due to family dispute, the petitioners attacked the defacto complainant. Hence, the case.

3.The learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. CRL OP(MD)No.8881 of 2023

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that investigation is pending.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Thiruvidaimaruthur, Thanjavur District on condition that the petitioner 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 learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the second petitioner shall report before the respondent police once in a week i.e., on every Wednesday at 10.30 a.m., for a period of two months and the petitioners 1, 3 and 4 shall report before the respondent police as and when required. [d]the petitioners shall not tamper with the 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 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]. [g]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/- 17/05/2023

/ TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. gns CRLeOP(MD)No.8881eofe2023 TO

1.THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3.THE INSPECTOR OF POLICE, THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.C.SURESH KANNAN, Advocate (SR-7430[I] dated 17/05/2023 ) ORDER IN CRL OP(MD) No.8881 of 2023 Date :17/05/2023 RK/SAR-(24/05/2023) 3P/6C