Criminal original petition filed for anticipatory bail. High Court granted bail with conditions, directing reporting to police daily and execution of a bond with sureties.
Petitioners released on bail subject to execution of a bond of Rs. 10,000 each with two sureties and daily reporting to police.
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CRL OP(MD). No.12183 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 03/09/2021
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD). No.12183 of 2021
The Inspector of Police, Thirukkattupalli Police Station, Thanjavur District. Cr.No.519 of 2021. ... Respondent/Complainant
For Petitioners : M/s.Jeen Felix L, Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
For Anticipatory bail in Crime No. of 519 2021 on the file of the Respondent police.
ORDER : The Court made the following order :-
The petitioners apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324, 506(ii) and 307 I.P.C, in Crime No.519 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there was a dispute between two street people in respect of damaging the drinking water https://hcservices.ecourts.gov.in/hcservices/
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CRL OP(MD). No.12183 of 2021
tab, for which, the petitioners and the defacto complainant fought between them. Some of them got injuries in that suffle. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocents, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police, on instructions, would submit that the injured has been discharged from the hospital.
5.Taking into consideration the facts and circumstances of the case, the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvaiyaaru, Thanjavur District, 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 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 learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
(b)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders:
(c)the petitioners shall not tamper with the evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
(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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CRL OP(MD). No.12183 of 2021
(f)if the accused/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/02/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023. SJI
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.
TO
1.THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.
ORDER IN CRL OP(MD) No.12183 of 2021 Date :03/09/2021 RD/SKN/SAR-III(9.09.2021) 3P 5C
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest on a charge of causing hurt and threats.
Colour shows how this judgement treated each authority
P. K. Shaji Vs. State of KeralaExplained¶29
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
P. Mullainathan
J. Vaanjinathan
Inspector of Police, Thirukkattupalli
B. Pugliaendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
