V.Murugan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Tenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3248 of 2022 V.MURUGAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, T-14, MANGADU POLICE STATION, MANGADU, CHENNAI-600 122 CRIME NO.70 OF 2022 For Petitioner : N.EASWARAN Advocate For Respondent : MR.S.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under section 294(b), 324, 341, 506(ii) of IPC, in Crime No.70 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 02.02.2022 about 05.00 p.

m, the defacto complainant received a phone call from his uncle's son named Selvakumar stating that there is a quarrel between him and with one Murugan, due to which the defacto complainant went along with one Selvakumar. while so, at about 6.00 pm on the same day the petitioner and others waylaid them and assaulted by using the wooden log, due to which the said Selvakumar and the defacto complainant sustained injuries and also they threatened them with dire consequences. Hence the present case has been registered by the Law Enforcing Agency for the above said crime.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that he has been falsely implicated in this case and pleads for grant for anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent raised objection stating that the investigation is still pending. However, he admits that the person who sustained injury in the alleged occurrence has discharged from the hospital after completing treatment.

5. The submissions made by the learned Counsel appearing for either sides are considered. It is alleged that at the time of occurrence the petitioner and others have joined together and assaulted the defacto complainant with the wooden log. The respondent police registered the case for the offence punishable under Sections 294(b), 324, 341, 506(ii) of IPC.

6. Considering the nature of offence committed by the petitioner, since the person who sustained injury in the alleged occurrence discharged from the hospital, the question of custodial interrogation may not be necessary for completing the investigation.

7. Hence, taking all the above said aspects into consideration and having regard to the nature of offence committed by the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Sriperumbudur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), 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:

(a) the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of 15 days;

(d)the petitioner 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 petitioner in accordance with law as if the conditions has 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; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 10/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, SRIPERUMBUDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].

3 THE STATION HOUSE OFFICER, T-14, MANGADU POLICE STATION, MANGADU, CHENNAI-122 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to N.EASWARAN Advocate on payment of necessary charges SR.NO.2208 CRL OP.3248/2022 Date :10/02/2022 JPA 16/02/2022