Allowed

R.Poondi Arockiya Sekar v. The Inspector of Police

Madras HC22 Oct 2020CRL OP(MD)/11750/2020

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail under Section 438 Cr.P.C to seven petitioners charged with multiple Section IPC offences. The Court noted the discharge of the injured party as a mitigating factor and imposed standard bail conditions including execution of a bond and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioners to be released on bail upon arrest or appearance within two weeks by executing a bond of Rs.10,000 with two common sureties and complying with specified conditions.

R.Poondi Arockiya Sekar Vs The Inspector of Police — Anticipatory Bail | Madras HC (2020)

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CRL OP(MD). No.11750 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 22/10/2020

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PRESENT

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The Hon`ble Mr.Justice ABDUL QUDDHOSE

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CRL OP(MD). No.11750 of 2020

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1.R.Poondi Arockiya Sekar

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2.P.Annamal

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3.J.Johnson Ezek

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4.S.Jayaraj

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5.A.Stephen

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6.A.John Kennady

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7.S.Arockiyasamy ... Petitioners/Accused

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Rank Not Known

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The State rep.by The Inspector of Police, Kalaiyarkoil Police Station, Sivagangai District.

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Crime No.552/2020 ... Respondent/Complainant

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For Petitioners : M/s.M.Lenin Maharaja,

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Advocate.

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For Respondent : M/s.S.E.Veronica Vincent

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Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime No.552 of 2020 on the file of the Respondent Police

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ORDER : The Court made the following order :-

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Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

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The petitioners apprehend arrest at the hands of the https://hcservices.ecourts.gov.in/hcservices/ respondent police for the offences punishable under sections 143,

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CRL OP(MD). No.11750 of 2020

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147, 148, 294(b), 323, 324 and 506(ii) of I.P.C, and Section 4 of TNPHW Act, in Crime No.552 of 2020 on the file of the respondent police, seek anticipatory bail.

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3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the injured person has already been discharged from the hospital. Hence, he seeks anticipatory bail.

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4.The learned Government Advocate (Crl. Side), on instructions, submitted that the injured person has already been discharged from the hospital.

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5.Considering the facts and circumstances of the case and considering the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.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 Additional Mahila Court, Sivagangai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common 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 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 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 https://hcservices.ecourts.gov.in/hcservices/ 5560]; and;

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CRL OP(MD). No.11750 of 2020

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

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sd/22/10/2020 / TRUE COPY /

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/ /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.THE JUDGE, ADDITIONAL MAHILA COURT, SIVAGANGAI. 2.THE INSPECTOR OF POLICE, KALAIYARKOIL POLICE STATION, SIVAGANGAI DISTRICT.

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3.THE ADDITIONAL PUBLIC PROSECUTOR

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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MM/AKV

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TK/VR/SAR.4/28.10.2020/3P/4C

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