Muthunagamani @ Nagamani v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 MUTHUNAGAMANI @ NAGAMANI 2 MUTHUMUNIYANDI @ MUNIYANDI ... PETITIONERS / ACCUSED No.1 & 11 Vs THE SUB INSPECTOR OF POLICE THIRUCHULLI POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.225/21.
... RESPONDENT / COMPLAINANT For Petitioner : M/S.MUNEESWARAN.B Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
To enlarge the petitioner on bail in the event of his arrest by the respondent police in CC No.5/2024 on the file of the learned Judicial Magistrate, Thiruchuli in Crime No.225/2021.
ORDER : The Court Made the following order :- The petitioners / A-1 & A11, who are facing trial in C.C.No.05 of 2024 on 1/4
the file of the learned Judicial Magistrate, Thiruchuli, for the alleged offence punishable under Sections 147, 148, 294(b), 323, 427, 448, 506(ii) and 379 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, seeks anticipatory bail.
2. The case of the prosecution is that due to family dispute arose between the petitioners and the defacto complainant, the petitioners abused the defacto complainant by using filthy language and made a life threat to him and attacked him. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent persons and hence, he prays for allowing this petition.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the respondent Police has conducted investigation in Crime No.225 of 2021 and on completion of investigation, charge sheet in C.C.No.05 of 2024 has been filed before the learned Judicial Magistrate, Thiruchuli.
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5. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioners are ready to surrender before the trial Court. Hence, this Court may permit the petitioners to file an application under Section 88 of Cr.P.C. before the trial Court.
6. Considering the facts and circumstances and also considering the fact that the investigation has been completed and charge sheet is filed before the concerned Court and also considering the fact that there is no apprehension of arrest, this Court is not inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the Criminal Original Petition stands dismissed. However, this Court permits the petitioners to file an application under Section 88 of Cr.P.C. before the learned Judicial Magistrate, Tiruchuli. On filing of such petition, the concerned Judge is directed to consider the said petition on merits and pass orders on the same day.
sd/- 15/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, TIRUCHULI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE SUB INSPECTOR OF POLICE THIRUCHULLI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.MUNEESWARAN, Advocate ( SR-3254[I] dated 15/03/2024 )
ORDER
IN Date :15/03/2024 SS/VR/SAR- /20/03/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4