Allowed

Packiyaraj v. The Inspector of Police

Madras HC23 Jun 2021CRL OP(MD)/8064/2021

Case brief

AI extract

What is this about?

CrPC appeal for anticipatory bail in a case under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC. The Court granted anticipatory bail due to counter case registration and discharge of injuries, subject to conditions including daily police reporting and surety bonds.

What did the court decide?

Anticipatory bail granted with conditions of surety bond of Rs.10,000, daily police reporting, and prohibition on tampering with evidence or absconding.

Packiyaraj Vs The Inspector of Police — Bail and Remand | Madras HC (2021)

¶1

CRL OP(MD). No.8064 of 2021

¶2

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

¶3

Date : 23/06/2021

¶4

PRESENT

¶5

The Hon`ble Mr.Justice G.CHANDRASEKHARAN

¶6

CRL OP(MD). No.8064 of 2021

¶7

1.Packiyaraj(A-3) 2.Rajendran(A-7) 3.Rajkumar(A-8) 4.Rajadurai(A-9) 5.Dinakaran (A-10) ... Petitioners/Accused

¶8

The State rep.by The Inspector of Police, Abiramam Police Station, Ramanathapuram District. Crime No.362/2021. ... Respondent/Complainant

¶9

For Petitioners : Mr.B.Anandan, Advocate.

¶10

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

¶11

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

¶12

PRAYER :-

¶13

For Anticipatory Bail in Crime No.362 of 2021 on the file of the respondent police

¶14

ORDER : The Court made the following order :-

¶15

The petitioners/accused, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC., in Crime No.362 of 2021, seek anticipatory bail.

¶16

2.The case of the prosecution is that on 14.06.2021, at about 09.00 p.m., due to previous enmity, the accused attacked the defacto complainant and others with aruval and also caused injuries. Therefore, this case came to be registered.

¶17

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

¶18

1/3

¶19

CRL OP(MD). No.8064 of 2021

¶20

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that A2, A4, A5 and A6 were already arrested and released on bail and the first accused is a juvenile and he was also released on bail. He further submitted that a counter case has been registered in Crime No.363 of 2021 against the defacto complainant and it is pending. Therefore, he seeks anticipatory bail to the petitioners.

¶21

4.The learned Government Advocate (Crl.side) for the respondent police strongly opposed this petition on the ground that investigation in this case is not completed. He fairly conceded that the injured person was already discharged from the hospital.

¶22

5.Considering the facts and circumstances of the case, the fact that this is a case and case in counter and the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶23

6.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, Kamuthi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

¶24

[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;

¶25

[b]the petitioners shall report before the respondent police, daily at 10.30 a.m., until further orders;

¶26

[c]the petitioners shall not tamper with evidence or witness either during investigation or trial;

¶27

[d]the petitioners shall not abscond either during investigation or trial;

¶28

[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];

¶29

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

¶30

2/3

¶31

CRL OP(MD). No.8064 of 2021

¶32

[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/-

23/06/2021

/ TRUE COPY /

/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

¶37

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.

¶38

¶39

1.THE JUDICIAL MAGISTRATE, KAMUTHI.

¶40

2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

¶41

3.THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

¶42

4.THE ADDITIONAL PUBLIC PROSECUTOR,

¶43

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶44

ORDER

¶45

IN CRL OP(MD) No.8064 of 2021 Date :23/06/2021 SJI TK/JC/SAR.2/28.06.2021/3P/5C

¶46

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

¶47

3/3

Packiyaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Packiyaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.Karthikai Sami Vs the Superintendent of Police

M.Vincent Mathew Vs the Inspector of Police

Uma Nachiyar Vs The Inspector of Police

C.Murugan @ Thavalai Murugan Vs The Sub Inspector of Police

M.Raman Vs The Sub Inspector of Police

Palaniyarasu @ Palani Arasu Vs The Inspector of Police