Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.938 of 2019 1 MURUGESAN 2 MALAIYANDI @ MAGESH 3 KOMBAIAH ... PETITIONERS/ACCUSED 1 to 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.10/2019 ... RESPONDENT/COMPLAINANT For Petitioners : MR.S.RAMASAMY, Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 506(ii) and 427 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.10 of 2019, seeks anticipatory bail.

2.The case of the prosecution is that on 17.01.2019 the petitioners tresspassed into the house of the defacto complainant and scolded the filthy language and attacked her with dire consequences.

3.The learned counsel for the petitioners submits that the petitioners are innocent and he had nothing to do with the alleged crime. Hence, anticipatory bail may be granted to him. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner has caused damage to the door of the defacto complainant.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions:- 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, Sathankulam and on their executing 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 learned Magistrate concerned and on further condition that [a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioners shall deposit a sum of Rs.1,000/- (Rupees Thousand only) each to the credit of Cr.No.10 of 2019, on the file of the learned Judicial Magistrate, Sathankulam, without prejudice to their rights and contentions.

[c] The petitioners shall report before the respondent Police for a period of two weeks and thereafter, as and when required for interrogation.

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

[e] the petitioners shall not abscond either during investigation or trial.

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

sd/- 23/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHATHANKULAM, THOOTHUKUDI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE.

SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.938 of 2019 Date :23/01/2019 am PK/JC/SAR-3/01.02.2019 : 3P/5C