Madras High CourtCRL OP(MD)/4899/2020closed

P.Murugan v. The Inspector Of Police

2020-03-20Honourable Mr Justice Rmt. Teekaa Raman2 pages

CRL OP(MD). No.4899 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2020 PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CRL OP(MD). No.4899 of 2020

1. P.Murugan,

2. Amirtham,

3. R.Prabu,

4. P.Darlingkumar, ... Petitioners/Accused Nos.1 to 4 Vs State Rep.by The Inspector of Police, Vaiyampatty Police Station, Trichy District.

Crime No.29 of 2020.

... Respondent/Complainant For Petitioner : Mr.M.Suresh, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.29 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

2.In view of the order passed by this Court reported in (2011) 3 MLJ (Crl) 851 and Crl.O.P.(MD).No.14098 of 2011 dated 09.11.2011, for the offence under Section 324 IPC was treated as bailable offence for the reasons stated therein in the instant case except 324, all other offences are bailable and relevant portion is extracted hereunder:

https://hcservices.ecourts.gov.in/hcservices/ " 5.Section 42(f) (vii) relates to the amendment in the First 1/2

CRL OP(MD). No.4899 of 2020 Schedule thereby classifying the offence under Section 353 of the Indian Penal Code as non-bailable. As per the above said Notification, the amendments classifying the offences under Sections 274, 332, 333 and 353 have come into force w.e.f.23.06.2006, and thus, these offences are non-bailable. Section 42(f) (iii) relates to the entry relating to offence punishable under Section 324 of Indian Penal Code. Since it has not been notified, the offence punishable under Section 324 of the Indian Penal Code remains to be bailable".

2.In view of the similar discussion and all the offences are bailable offences as submitted by the Government Advocate (Crl. Side), this criminal original petition is closed with liberty to the petitioners to move a application before the Magistrate court, on such application, the magistrate shall follow the law laid down by this Court in the above decision.

sd/- 20/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, VAIYAMPATTY POLICE STATION, TRICHY DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.SURESH, Advocate ( SR-5592[I] dated 20/03/2020 )

ORDER

IN CRL OP(MD) No.4899 of 2020 Date :20/03/2020 vsg AE/PN/SAR-II (08.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2