V.Murugesan, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9073 of 2019
1. V.Murugesan,,
2. V.Goma,,
3. V.M.Sangili Veerakumar,,
4. V.M.Maheswari,,
5. S.Sabarmathi,, ... Petitioners/Accused Rank not known Vs The Sub Inspector of Police,, Sattur Town Police Station, Virudhunagar District.
in Crime No.374 of 2019.
... Respondent/Complainant For Petitioner : M/s.C.M.Arumugam, Advocate.
For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.374 of 2019 on the file of the respondent Police.
ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 279, 337, 294(b) and 506(ii) of IPC in Crime No.374 of 2019, seek anticipatory bail.
2. Heard both sides.
3.The learned counsel appearing for the petitioners has
submitted that civil suits are pending between the parties. He further submitted that the petitioner is an innocent person and he has been falsely implicated in the above case. He further submitted that the injured sustained only simple injury and he has already been discharged from the hospital. Except the offence under Section 506(ii), all other offences are bailable in nature. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) appearing for the state has submitted that it is purely civil in nature and the investigation is still pending. Hence, he strongly opposed this petition. However,she fairly conceded that the injured sustained only simple injury and he has already been discharged from the hospital.
5.Taking into consideration the fact that the injured sustained only simple injury and he has already been discharged from the hospital and also the submission made by the learned counsel for the petitioners that already civil suits are pending between the parties, this Court is inclined to grant anticipatory bail to the petitioners by imposing conditions.
8. 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 Judicial Magistrate Court, No.II, Sattur, Virudhunagar District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) If the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.
(ii) the petitioners 1 and 2 and 4 shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. The petitioners 3 and 4 are living in chennai. Considering the fact that they are living in chennai, this Court directs the petitioners 3 and 5 to appear before the respondent police as and when required for interrogation. (iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioners shall not abscond either during investigation or trial.
(v) 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 02/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT.
2 Do THRO'THE CHIEF JUDICAIL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to MR.C.M.ARUMUGAM, Advocate ( SR-11065[I] dated 04/07/2019 )
ORDER
IN CRL OP(MD) No.9073 of 2019 Date :02/07/2019 VSG AE/VR/SAR-II (10.07.2019) 3P 6C