Murugan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN
1. Murugan
2. Balu
3. Ashok Kumar
4. Gopinath
5. Devi ... Petitioners/Accused Nos.1,3,6,9&12 Vs
1. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.
2. State represented by The Inspector of Police, Parthibanur Police Station, Ramanathapuram District.
(In Crime No.22 of 2020).
... Respondents/Complainants
3. Aravind ... 3rd Respondent/Defacto Complainant For Petitioners : M/s.D.Senthil, Advocate.
For R1 & R2 : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.22 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 336, 506(i) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1)(r), 3 1/3
(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989, in Crime No.22 of 2020 on the file of the respondent police, seek anticipatory bail.
3. It is seen that the brother of the defacto complainant herein and his friends were riding the two wheeler on 17.01.2020 at about 4.45 p.m., and while going through the village of the petitioners herein, got into a petty quarrel and that developed into a major fight. The first petitioner was suffered cut injuries. Hence, Crime No.23 of 2020 was registered at the instance of the fellow villager by name Muthu Karthick. OF-course, the case on hand was registered earlier in point of time. But one can obviously see that both the cases are inter linked and that a petty quarrel has been given a communal color.
4.The learned counsel appearing for the defacto complainant submitted that he would not oppose the grant of anticipatory bail.
5. In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two common sureties each for a like sum to the satisfaction of the concerned Court and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
6. The petitioners shall appear before the concerned Court within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, (SPECIAL COURT FOR SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, RAMANATHAPURAM, 2/3
2 THE DEPUTY SUPERINTENDENT OF POLICE, O/O.THE DEPUTY SUPERINTENDENT OF POLICE, PARAMAKUDI, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE PARTHIBANUR POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.SENTHIL Advocate SR.No.1553
ORDER
IN CRL OP(MD) No.928 of 2020 Date :27/01/2020 MK/SKN/SAR 3(31.01.2020) 3P 6C 3/3