Marimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.93 of 2019 and CRL MP(MD).NO.203 of 2019 1.MARIMUTHU 2 ARUMUGAM 3 BHARANI @ BAGYALAKSHMI 4 RAJKUMAR 5 KANNAN @ JEYAPAUL 6 ARUMAIKANNU 7 MANJULA 8 LATHA 9 ANANDHI 10 ALAGUMATHI 11 MUTHUKANNU 12 VIJAYAKUMAR 13 SURYA 14 RAMESH ... PETITIONERS / ACCUSED Nos.1 TO 4,6 TO 15 Vs STATE BY THE INSPECTOR OF POLICE, MATHUR POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.199/2018) ... RESPONDENT / COMPLAINANT MUTHUKANNU ... PETITIONER/INTERVENER in CRL MP(MD).NO.203/2019 IN CRL OP(MD).NO.93/2019 For Petitioners : MR.P.GANAPATHI SUBRAMANIAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) For Intervener : MR.C.VAKEESWARAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the

respondent police for the alleged offences punishable under Sections 454, 380 and 427 IPC in Crime No.199 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the son of the first petitioner and the daughter of the defacto complainant's brother loved each other and the marriage took place in the house of Anupriya's uncle. The said Parthiban committed suicide on 18.12.2018 due to the scolding of his mother. With this motive, the petitioners attacked the house of the defacto complainant and stolen 70 sovereign jewels and cash of Rs.1,50,000/- from the house of the defacto complainant. Hence, the complaint.

3.The learned counsel for the petitioners would submit that a false case has been foisted against them and they have nothing to do with the alleged offence.

4.The learned Government Advocate (Crl.side) would submit that this is a case in counter case.

5.Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court inclined to grant anticipatory bail to the petitioners.

6. 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 learned Judicial Magistrate, Keeranur, on condition that each of 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 the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the Deputy Superintendent of Police, Keeranur daily at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

Consequently, connected Miscellaneous Petition is closed. sd/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3.THE INSPECTOR OF POLICE, MATHUR POLICE STATION, PUDUKKOTTAI DISTRICT.

4.THE DEPUTY SUPERINTENDENT OF POLICE, KEERANUR.

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

+1. CC to MR.C.VAKEESWARAN, Advocate SR.No.606

ORDER

IN CRL OP(MD) No.93 of 2019 Date :10/01/2019 AE/PN/SAR2/21.01.2019/3P/7C