Allowed

Malarkodi, W/O.Elangovan v. the Inspector of Police

Madras HC26 Apr 2019CRL OP(MD)/6142/2019

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court granted anticipatory bail to petitioners facing charges of public nuisance, assault, and theft. Bail was ordered on conditions including daily police reporting and execution of surety bond, with provisions for immediate arrest upon condition breach.

What did the court decide?

Petitioners released on bail upon execution of bond with sureties, daily reporting, and compliance with specific conduct conditions.

Malarkodi, W/O.Elangovan Vs the Inspector of Police — Cheque Dishonour | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Friday, the Twenty Sixth day of April Two Thousand Nineteen

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PRESENT

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The Hon`ble Mr.Justice M.DHANDAPANI

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CRL OP(MD) No.6142 of 2019

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1 MALARKODI

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2 ELANGOVAN

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3 ARJUNAN

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4 GOWRISANKAR ... PETITIONERS / ACCUSED NO.1 TO 4

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STATE REP. BY THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.

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CRIME NO.163 OF 2019 ... RESPONDENT / COMPLAINANT

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For Petitioner : MR.S.MAHENDRAPATHY Advocate

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For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioners who are apprehending arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323,324, 379, 506(ii) of IPC and Section 4 of TNPHW Act in Cr.No.163 of 2019, on the file of the respondent police, seek anticipatory bail.

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2.It is the case of the prosecution that due to some undivided property , the petitioners abused the defacto complainant , assaulted him with iron rod and threatened him with dire consequences.

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3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons.

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4.The learned Government Advocate(Crl.side) appearing for the https://hcservices.ecourts.gov.in/hcservices/ respondent police would submit that injured has already been discharged from the hospital.

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5.Considering the facts and circumstances and considering the fact that injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 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 learned Judicial Magistrate, Vadipatti, Madurai District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with common sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(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;

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(b)the petitioners 2 to 4 shall report before the respondent police daily at 10.30a.m until further orders and the first petitioner shall report before the respondent police as and when required for interrogation;

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

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

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(e)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]; and;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/-

26/04/2019

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

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Madurai Bench of Madras High Court, Madurai - 625 023.