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IN THE COURT OF VACATION SESSIONS JUDGE (PRINCIPAL SESSIONS COURT), RAMANATHAPURAM
PRESENT: Thiru.R.Shanmugasundaram, B.com., L.L.B., Vacation Sessions Judge, Principal District and Sessions Judge, Ramanathapuram.
ததரவளளளவரள ஆணளட 2052 தமதழள ஸ பதலவ ஆணளட சததளததரர மமதமள 23-மள நமளள வதயமழகளகதழரம
Thursday, the 06th day of May 2021
Cr.M.P.No. 43 of 2021
1. Murugan, aged about 46 years, S/o. Pandi, Deverpuram, Appanur, Kadaladi Taluk, Ramanathapuram District.
2. Jeyaramaganesan, aged about 26 years, S/o. Murugan, Deverpuram, Appanur, Kadaladi Taluk, Ramanathapuram District.
3. Dinesh @ Dineshkumar, aged about 19 years, S/o.Murugan, Deverpuram, Appanur, Kadaladi Taluk, Ramanathapuram District.
4. Karthik @ Karthiknathan, aged about 20 years, S/o.Murugan, Deverpuram, Appanur, Kadaladi Taluk, Ramanathapuram District.
...Petitioners/ Accused No.1 to 4 /vs/
State, through the Inspector of Police, Kadaladi P.S. in Cr.No. 81/2021 ...Respondent/Complainant
For petitioners : Thiru. K. Linganathan, Advocate. For respondent : Thiru. K.N. Karunakaran, Public Prosecutor,
PETITION FILED ON 04.05.2021 FOR ANTICIPATORY BAIL U/S 438 Cr.P.C. ORDER
Heard, the submissions made by the learned counsel for the petitioners as well as the learned Public Prosecutor.
The respondent police has filed a case against the petitioners alongwith others in Crime No. 81/2021 under sections 294(b), 323, 324 and 506(ii) of Indian Penal Code.
The case of the prosecution is that on 25.03.2021, the petitioners assaulted the de-facto complainant and caused injury to him, abused with filthy language and criminally intimidated him. 2
The learned counsel for the petitioners would submit that the petitioners have falsely been implicated in this case and the petitioners are innocents. The petitioners and the de-facto complainant are co-brothers. There was a land dispute between them. Due to which, a false case has been foisted against them. This is a case and case in counter. They have no previous case and they are in no way connected with this case. The injured has been discharged from the hospital and most of the investigation is completed and he prays to grant anticipatory bail to the petitioners.
The learned Public Prosecutor has submitted that there are totally 4 accused in this case and the petitioners are figured as A1 to A4. The petitioner and the de-facto complainant are co-brothers. There was a dispute between them, with regard to partition of the property belongs to their father-in-law. On 25.03.2021, the petitioners assaulted the de-facto complainant and caused injury to him, abused with filthy languages and criminally intimidated him. Further, the injured has been discharged from the hospital and the investigation is under progress. Hence, he strongly objected to grant anticipatory bail to the petitioners.
Considering both side submissions, the nature of offence, relationship between the parties, the injured has been discharged from the hospital and progress of investigation, this Court is inclined to grant bail to the petitioners with condition.
Accordingly, the petitioners are granted Anticipatory bail and they are ordered to be released on bail in the event of arrest or on their appearance before the learned
District Munsif-cum-Judicial Magistrate, Kadaladi on execution of bond for
Rs.20,000/- each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned on 10.06.2021, failing which the order shall stand cancelled automatically. Further the petitioners should adhere to the following conditions that:
1. the petitioners make themselves available for interrogation by the investigating officer as and when required during the condition period. 3
2. the petitioners shall not leave India without prior permission of the Court. 3) after execution of sureties, the petitioners shall appear and sign before the respondent police daily at 05.00 p.m for a period of 15 days only.
4) the petitioners and the sureties shall affix their photographs and left
thumb impression in the sureties bond and the Magistrate may obtain a copy of their Aadhar Cards or Bank Pass Book to ensure their identities.
5) the petitioners shall not tamper with evidence or witness during the trial.
6) the petitioners shall not abscond during the trial.
7) If the petitioners fail to comply the above said conditions the bail order shall
stand cancelled automatically.
8) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court as the case may be, is entitled to take appropriate action against the petitioners in accordance with Law as if the conditions imposed have been violated 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).
Pronounced by me in open Court this the 06th day of May 2021.
Sd/- R.Shanmugasundaram, Vacation Sessions Judge, Principal District and Sessions Judge, Ramanathapuram.
Copy to The District Munsif cun Judicial Magistrate, Kadaladi. The Public Prosecutor, Ramanathapuram. The Inspector of Police, Kadaladi P.S. The Advocate concerned.