Mayil Murugan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.12.2024

CORAM

THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Mayil Murugan ... Petitioner Vs Inspector of Police, Ulundurpet Police Station, Ulundurpet Kallakurichi District [Cr. No. 774 of 2024] ... Respondent For Petitioner : Mr.Krishnasamy Chinnasamy For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner, apprehends arrest for the alleged offences under Sections 132, 191(2), 296(b) of BNS, 2023 and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.774 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that defacto complainant is a SubRegistrar and there was wordy quarrel between the petitioner and the defacto complainant during registration. Due to which, the petitioner along with other accused persons broke the window glass of the Sub-Registrar Office and abused the defacto complainant in a filthy language. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there was wordy quarrel between the petitioner and the defacto complainant due to which, the petitioner abused 2/6

the defacto complainant in a filthy language. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also the submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the Judicial Magistrate No.1, Ulundurpet, Kallakurichi District, on condition that the petitioner shall execute a 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] the petitioner is directed to deposit a sum of Rs.2,000/- (Rupees two thousand only) before the concerned Magistrate Court on receipt of a copy of this order. The defacto complainant shall make necessary application before the concerned court to withdraw the amount.

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[b] the petitioner shall report before the learned trial Judge concerned, on all working days at 10.00 a.m., for a period of 30 days and thereafter, on all hearing dates without fail:

[c] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[d] the petitioner shall not leave India without the previous permission of the Court.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [g] 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 have 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].

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[h] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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L.VICTORIA GOWRI J.

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