Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN

1. MURUGAN

2. NANTHEESHKUMAR

3. PONNAMMAL

4. PALANEESWARI

5. PERUMAYI

6. SEVUGAN ... PETITIONER NO.1 TO 6/ACCUSED NO.1 TO 6 VS STATE REP. BY THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

(CRIME NO.47 OF 2020) ... RESPONDENT/COMPLAINANT For Petitioners : Mr.S.Krishnan, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.47 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 355 and 506(ii) of I.P.C., in Crime No.47 of 2020, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 13.02.2020 at 06.30 p.m., when the de-facto complainant was standing in front of his house, the accused persons, who are the petitioners herein, came to 1/3

the house of the de-facto complainant with Iron Rod and Broom Stick, attacked the de-facto complainant and caused bodily injury. The injured person was taken to the Hospital in the Ambulance and treated for the injury.

3.The learned counsel appearing for the petitioners would submit that there was no occurrence took place on 13.02.2020 as alleged in the F.I.R. In fact, on 08.02.2020, the de-facto complainant and his men assaulted A3 [who is third petitioner herein], who sustained injury and was admitted in the Hospital. The respondent police instead of registering that case, has fabricated records as if on 13.02.2020, the petitioners herein went to the house of the de-facto complainant and assaulted him. 4.This Court called for records and found that there is no medical record to show that the de-facto complainant sustained any injury on 13.02.2020. Whereas there is an Accident Register issued by the Melur Government Hospital, indicating that on 08.02.2020, one Subramanian, S/o.Ammasi, was admitted in the Hospital with the history of assault by known person.

5.In the above circumstances, this Court is 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, Melur Taluk, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) 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 learned Magistrate concerned and on further condition that: [a]the petitioners and 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 petitioners shall report before the respondent Police for interrogation, as and when required.

[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). 2/3

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

sd/- 04/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR TALUK, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.S.KRISHNAN, Advocate ( SR-4911[I] dated 06/03/2020 )

ORDER

IN CRL OP(MD) No.4048 of 2020 Date :04/03/2020 SMN2 JM/PN/SAR 3/06.03.2020/3P/6C 3/3