Uma Shankar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 28.12.2023 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1.Uma Shankar

2.Balasaravana Kumar

3.Ponnuchamy

... Petitioners /Accused Nos.1 to 3 Vs The State Rep by The Inspector of Police Vadamadurai Police Station, Dindigul District. (Crime No.414 of 2023)

... Respondent/Complainant For Petitioners : Mr.S.Lawrence Vimal Raj, Advocate For Respondent : Mr.B.Thanga Aravinidh

Government Advocate (Crl.side) PRAYER: Criminal Original Petition filed under Section 438 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to grant an order of pre-arrest bail to the petitioners A1 to A3 in Crime No.414 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 26.12.2023 under Section 438 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to grant an order of pre-arrest bail.

¶2The petitioners / Accused Nos.1 to 3, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 324 of the Indian Penal Code, 1860 (Act No.45 of 1860) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 (Act No.44 of 1998), in Crime No.414 of 2023 on the file of the respondent Police.

¶3The case of the prosecution is that on 07.12.2023, the defacto complainant's husband drove the car bearing registration No.TN-58-AJ-9651 and dashed against one Gunalan, who is the brother of the first petitioner and that due the said incident, the petitioners along with the other accused went to the defacto complainant's house and uttered filthy language against the defacto complainant's husband. When the defacto complainant questioned the petitioner, they inflicted injuries to defacto complainant. Hence, the case.

¶4The learned counsel for the petitioners submitted that due to previous enmity, the defacto complainant foisted a false case against the petitioners. He further submitted that the petitioners are innocents and they have not committed any offence as alleged by the prosecution and also submitted that it is a case in counter. Accordingly, he prayed to grant an order of pre-arrest bail to the petitioners.

¶5The learned Government Advocate (Crl.side) appearing for the respondent-Police submitted that the defacto complainant sustained simple injury and got discharged from the hospital. He further submitted that it is a case in counter and if pre-arrest bail is granted to the petitioners, they will cause threat to the defacto complainant and her family members. Hence, he prayed to dismiss this Criminal Original Petition.

¶6Heard on both sides. This Court has perused the records.

¶7It appears that due to previous enmity the petitioners went to the defacto complainant's house and assaulted the defacto complainant and caused injuries to her and the injured has been discharged from the hospital.

¶8Considering the nature of the dispute between petitioners and the defacto complainant, the nature of the injury allegedly caused by the petitioners to the defacto complainant and also the fact that it is a 'case in counter', this court is inclined to grant an order of pre-arrest bail to the petitioners with conditions. Accordingly, Pre-arrest bail is granted to the petitioners subject to the following conditions.

(i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned District Munsif cum Judicial Magistrate, Vedasandur within a period of 15 days from today, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned District Munsif cum Judicial Magistrate, Vedasandur.

(ii) The petitioners shall appear and sign before respondent Police, daily at

05.00 p.m., until further orders;

(iii) The petitioners should not enter into the defacto complainant's house or his work place;

(iv) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned District Munsif cum Judicial Magistrate, Vedasandur, shall obtain a copy of any one of identity proofs to ensure their identity;

(v) The petitioners shall make themselves available for interrogation by police as and when required;

(vi) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(vii) The petitioners shall not leave India without the prior permission of the Court; and

(viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners Crl.O.P.(MD)eNo.23633eofe2023 ino accordance o witholaw oaso ifotheoaforementionedoconditionsoareoimposedoby themselvesoasolaidodownobyotheoHon'bleoSupremeoCourtoinoP.K.ShajioVs.oStateoof Keralao[(2005)13oSCCo283].

9.oAccordingly,othisoCriminaloOriginaloPetitionoisoallowedosubjectotoothe conditionsostatedosupra. oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooo28/12/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo oooooooooooooooo/01/2024 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraroo ooooooo(oC.S.oooIooo/oooIIooo/ooooIIIooo/ooooIVoooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo TTA TO 1oooTHEoDISTRICToMUNSIFoCUM JUDICIALoMAGISTRATE,oVEDASANDUR. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE DINDIGULoDISTRICT. 3oooTHEoINSPECTORoOFoPOLICE VADAMADURAIoPOLICEoSTATION, DINDIGULoDISTRICT 4oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, ooo MADURAI.o +1 o CC o to o M/s.S.LAWRENCE o VIMAL o RAJ, o Advocate o ( o SR-18416[I] o dated 28/12/2023o) ORDER IN CRL OP(MD) No.23633 of 2023 Date :28/12/2023 SS/VR/SAR- /05/01/2024/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023