Murugesan v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.12050 of 2021

1. Murugesan,

...Petitioners

2. M.Senthil,

Versus

State rep by

...Petitioners

The Sub-Inspector of Police, Valivalam Police Station, Nagapattinam District (Crime No.332 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.332 of 2021 on the file of the respondent.

For Petitioners : M/s.P.Muthamizhselvakumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Section 379 IPC, in Crime .No.332 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused persons had stolen the cows belongs to the defacto complainant. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.20,000/- to Sri Kapaleeshwarar Temple and Arulmigu Marundeeswarar Temple, for the purpose of maintaining the Goshala's (gRklk;).

4.The learned Government Advocate (Crl.Side) submitted that there four previous cases pending against the petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5.Considering facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 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 No.1, Nagapattinam, on condition that the petitioners shall execute a separate bond for a sum of Rs.

10,000/- (Rupees Ten 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)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the first petitioner shall make a non-refundable deposit of Rs.

(c) the second petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Executive Officer, Sri Kapaleeswarar Temple, Mylapore, Chennai, for the purpose of maintaining the Goshala's (gRklk;), without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner;

(d)the sureties shall affix their 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; (e)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(f)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(g)the petitioners shall not abscond either during investigation or trial;

(h)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]; and; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 13/07/2021 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 NO.I, NAGAPATTINAM, 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM DISTRICT (FOR INFORMATION).

3 THE EXECUTIVE OFFICER, ARULMIGU MARUNDEESWARAR TEMPLE, THIRUVANMIYUR, CHENNAI.

4 THE EXECUTIVE OFFICER, SRI KAPALEESWARAR TEMPLE, MYLAPORE, CHENNAI.

5 THE SUB INSPECTOR OF POLICE VALIVALAM POLICE STATION, NAGAPATTINAM DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.12050/2021 Date :13/07/2021 INBA 22/07/2021