A.Murugan @ Murugandi v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4993 of 2018 1 A.MURUGAN @ MURUGANDI 2 KANTHARI ... PETITIONERS/ACCUSED NO.1 AND 2 Vs STATE REP.BY THE SUB-INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT, IN CRIME NO.12 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.MARAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353, 307, 506(ii) and 379 (Sand Theft) of IPC in Crime No.12 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the Sub Inspector of Police. When the defacto complainant and their officials were doing their regular patrol duty, at that time, one Tata Ace vehicle came from opposite direction. The driver of the Tata Ace vehicle got down from the vehicle and abused the defacto complainant in filthy language. Therefore, the defacto complainant lodged a complaint and the respondent police registered a case in Crime No.12 of 2018, on the file of the Sub Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli, Tirunelveli District.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any of the offences as alleged by the prosecution. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation is still pending. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.III, Tirunelveli and on their executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of one week and thereafter 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 Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tsg TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE SUB-INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.MARAN Advocate SR.No.5154 GJM/PN/SAR-I-5.4.18-2P-6C

ORDER

IN CRL OP(MD) No.4993 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/