Muthuramalingam v. M/S.Susi Kumar C

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Muthuramalingam

2. Muthupandi

3. Selvam

4. Mutamil Selvam

5. Muthukumar

6. Iyyappan

7. Pachammal @ Pachaimal

8. Sappani ... Petitioners/A2 to A9 Vs State rep.by The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Cr.No.55 of 2022).

... Respondent/Complainant For Petitioners : M/s.Satish G.R., Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.55 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 447, 341, 294(b), 323, 324 and 506(ii) IPC, in Crime No.55 of 2022, seek anticipatory bail.

2.The case of the prosecution is that there was a matrimonial dispute between the defacto complainant Karthick and his wife, due to which, petitioners herein, who are relatives of the wife went to 1/3

the defacto complainant's home, abused him in filthy language, assaulted him with deadly weapons and also threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) aappearing for the State would submit that the injured was discharged from the hospital and the first accused was already released on bail. 5.Considering the facts and circumstances of the case and considering the facts that there existed matrimonial dispute between the defacto complainant and his wife, that the injured was already discharged from the hospital, that except the offence under Section 506(ii) IPC, other offences are bailable nature and that the counter case in Crime No.56 of 2022 is pending against the defacto complainant and party, this Court is inclined to grant anticipatory bail to the petitioners 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, Kamuthi on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(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 2/3

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/- 25/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE KAMUTHI 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.GR.SATISH, Advocate ( SR-1512[I] dated 25/02/2022 )

ORDER

IN CRL OP(MD) No.3853 of 2022 Date :25/02/2022 RS/SBN/SAR.2(03.03.2022) 3P-6C 3/3