Muniyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.4103 of 2019 MUNIYASAMY ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.134 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.ANBARASAN Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 07.03.2019 for the offences under Sections 294(b), 323 ,307 of IPC and Section 67 of Information Technology Act ,in Cr.No.134 of 2019, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the defacto complainant has questioned the petitioner about the Whatsapp message posted by the petitioner, he abused and attacked the defacto complainant. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the defacto complainant is the rival group of ADMK party in which a false complaint has been filed before the respondent police.. Hence he would pray for bail to the petitioner. 4.The learned Additional Public Prosecutor on instructions would submit that no one sustained injuries in the scene of occurrence.

5.Considering the nature of the case and considering the period of incarceration and also considering the fact that no one sustained injuries in the scene of occurrence ,I am inclined to https://hcservices.ecourts.gov.in/hcservices/

grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivakasi, Viruthunagar District and on further condition that: (a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 a.m until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

sd/- 19/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAKASI, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

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

+1 CC to M/s.K.ANBARASAN, Advocate ( SR-5101[I] dated 19/03/2019 )

ORDER

IN CRL OP(MD) No.4103 of 2019 Date :19/03/2019 JM/VR/SAR 4/19.03.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/