Partly allowed

Gowtham v. The Sub Inspector of Police

Madras HC30 Nov 2021CRL OP(MD)/14529/2021

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court, in two CRL O.P.s, granted anticipatory bail to GOWTHAM, THILAGAVATHI, and RAJENDRAN who faced arrest in a criminal dispute involving assault, obscenity, and criminal intimidation. The court noted a failed mediation and imposed conditions including daily police reporting, execution of a bond, and prohibitions on tampering with witnesses or absconding.

What did the court decide?

Petitioners granted anticipatory bail liable to be produced within 15 days before Judicial Magistrate, Thirupathur, on conceiving a bond for Rs.25,000 each with two sureties and subject to daily repor

Gowtham Vs The Sub Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD) No.14529 & 14533 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of November Two Thousand and Twenty One PRESENT

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The Hon`ble Mr.Justice K.MURALI SHANKAR

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CRL OP(MD) Nos.14529 & 14533 of 2021

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1 GOWTHAM 2 THILAGAVATHI ... PETITIONER/ ACCUSED NO.2 AND 3 in CRL OP(MD) No.14529 of 2021 RAJENDRAN ... PETITIONER/ ACCUSED NO.1 in CRL OP(MD) No.14533 of 2021 Vs

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STATE REP BY THE SUB INSPECTOR OF POLICE S.S.KOTTAI POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO.125 OF 2021. ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS

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INDRA ... INTERVENING PETITIONER/

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DE FACTO COMPLAINANT IN CRL MP(MD).8248,8557/2021 IN CRL OP(MD).14533,14529/2021

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IN BOTH PETITIONS:

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For Petitioner : MR.R.VENKATESAN, Advocate For Respondent : MR.RMS.SETHURAMAN,

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Additional Public Prosecutor For Intervenor : Mr.J.VISHNU, Advocate

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

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COMMON PRAYER :- For Anticipatory Bail in Crime No.125 of 2021 on the file of the Respondent Police.

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COMMON ORDER : The Court made the following common order :-

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The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) IPC and Section 4 of TNPHW Act, in Crime No.125 of 2021, on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that there was civil dispute between the parties, due to which, the petitioners attacked the defacto complainant and abused her in filthy language. Hence, the complaint.

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CRL OP(MD) No.14529 & 14533 of 2021

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3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that there was some civil dispute between the parties, due to which, the petitioners attacked the defacto complainant and caused injury.

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5.When the matter was taken up for hearing on 27.10.2021, this Court after hearing the learned counsels for the petitioners and the intervenor, has referred the matter for Mediation and also appointed Mr.B.Saravanan, learned counsel as Mediator. Subsequently, the learned Mediator has filed the report stating that the mediation ended in failure.

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6.Considering the facts and circumstances of the case and the fact thats there existed civil dispute between the parties, that except the offence under Section 506(ii) IPC, all other offences are bailable in nature and that the petitioners are not having any previous case for similar or serious offence as stated by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, 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, Thirupathur, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/(Rupees Twenty Five Thousand only) each with two 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 conditions 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 daily at 10.30 am for a period of one month and thereafter, 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 https://hcservices.ecourts.gov.in/hcservices/ against the petitioner in accordance with law as if the conditions

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CRL OP(MD) No.14529 & 14533 of 2021

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have been imposed and the petitioner 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/30/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. 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

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1 THE JUDICIAL MAGISTRATE THIRUPATHUR 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE SUB INSPECTOR OF POLICE S.S.KOTTAI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CRL OP(MD) Nos.14529 & 14533 of 2021 Date :30/11/2021 das SA/PN/SAR.3/14.12.2021/3P/5C

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https://hcservices.ecourts.gov.in/hcservices/

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Gowtham v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Gowtham v. The Sub Inspector of Police

Case brief

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What did the court decide?

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