Crl.O.P.(MD) No.8002 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Criminal Jurisdiction)
Date : 30.05.2024
PRESENT
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.(MD) No.8002 of 2024
1.M.Senthil @ Senthilkumar
2.R.Mani @ Manikandan ... Petitioners/Accused No.1 & 2
Vs.
State through
The Inspector of Police,
Srirangam Police Station,
Trichy City.
(Crime No.564 of 2024) ... Respondent/Complainant
For Petitioners : Mr.T.Lenin Kumar, Advocate
For Respondent : Mr.S.S.Madhavan
Government Advocate (Criminal Side)
PETITION FOR ANTICIPATORY BAIL under Section 438 of Cr.P.C.
PRAYER :-
For Anticipatory Bail in Crime No.564 of 2024 on the file of the respondent police.
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ORDER : The Court made the following order :-
The petitioners/A1 & A2, who apprehend arrest at the hands of the
respondent police for the offences punishable under Sections 294(b), 323, 427 &
506(ii) of I.P.C., in Crime No.564 of 2024, on the file of the respondent police, seek
anticipatory bail.
2. The case of the prosecution is that on 26.05.2024, when the de facto
complainant went to meet his friend Hari, due to the previous dispute, the
petitioners were indulging in quarrel with the said Hari. At that time, the de facto
complainant requested the petitioners to desist themselves from abusing the said
Hari, whereupon, the petitioners abused the de facto complainant and his friends
including the said Hari and attacked them with wooden log and caused injury to
them. Thereafter, the petitioners vandalized the wind shield of the four-wheeler
worth about Rs.1,500/-. The de facto complainant and his friends went to the
hospital. Hence, the complaint.
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
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Crl.O.P.(MD) No.8002 of 2024
prosecution and that a false case has been foisted against the petitioners. He would
further submit that on the date of occurrence, the de facto complainant and his
friends teased the petitioner by telling the previous dispute between them. When the
petitioners questioned the same, they abused them in filthy language, as a result of
which, there was scuffle between them. The public pacified them. Thereafter, all of
them went away. He would further submit that in order to make a false complaint,
the de facto complainant and his friends went to the hospital and after few hours,
they went out from the hospital. Hence, he would seek anticipatory bail to the
petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent police would submit that there was a previous dispute between parties,
in continuation of which, on 26.05.2024, there was scuffle between them. In the
incident, the de facto complainant and his friends were attacked by the petitioners
and that they went to the hospital and were discharged from the hospital on the
same day.
5. Taking into consideration of the facts and circumstances of the case and also
the fact that the injured have already been discharged from the hospital on the same
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Crl.O.P.(MD) No.8002 of 2024
day, this Court is inclined to grant anticipatory bail to the petitioners subject to the
certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioners
are ordered to be released on bail in the event of their 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 District Munsif cum Judicial Magistrate, Srirangam, Trichy 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 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.,
for a period of 30 days and thereafter, as and when required for interrogation.
[c] the petitioners shall not tamper with the evidence or witness either during
investigation or trial.
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Crl.O.P.(MD) No.8002 of 2024
[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 are 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].
[f] If the petitioners thereafter abscond, a fresh FIR can be registered under
Section 229-A of IPC.
sd/-
30/05/2024
/ TRUE COPY /
/06/2024
Sub-Assistant Registrar
( C.S. I / II / III / IV )
Madurai Bench of Madras High Court,
Madurai - 625 023.
JEN
TO
1 THE DISTRICT MUNSIF CUM
JUDICIAL MAGISTRATE, SRIRANGAM, TRICHY DISTRICT.
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Crl.O.P.(MD) No.8002 of 2024
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,
TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE
SRIRANGAM POLICE STATION,TRICHY CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT,
MADURAI.
+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-6000[I] dated 30/05/2024 )
ORDER
IN
CRL OP(MD) No.8002 of 2024
Date :30/05/2024
SS/VR/SAR- /04/06/2024/6P/6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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