Murugan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20447 of 2021 1 MURUGAN [ PETITIONERS / ACCUSED ] 2 KAVERI 3 ANJALI Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NAMAGIRIPETTAI POLICE STATION, NAMAKKAL DISTRICT.
CRIME NO.805/2021 For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 427, 323, 324, 354 IPC in Cr.No.805/2021, seeks anticipatory bail. 2.The case of the prosecution is that there is already a land dispute between the defacto complainant and the 1st petitioner herein and in view of the previous dispute, the 1st petitioner herein tried to trespass into the defacto complainant's property by damaging the CCTV camera, which was prevented at the instance of the defacto complainant, wherein the wordy quarrel converted into physical violence. The 1st petitioner along with the rest of the accused persons attacked the defacto complainant and her husband. Aggrieved by the same, the defacto complainant lodged the present criminal complaint against the petitioners.
3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they are falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that there is only a simple injury and further a case in counter is also pending against the defacto complainant and the investigation is pending in both cases.
5. Considering the fact of simple injury to the complainant and a case in counter which is also pending against the defacto complainant, 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, Rasipuram, 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:
(a)the petitioners and 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;
(b)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(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 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/- 29/10/2021 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, RASIPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NAMAGIRIPETTAI POLICE STATION, NAMAKKAL DISTRICT.
+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.12207 CRL OP.20447/2021 Date :29/10/2021 RW 10/11/2021