P.Moorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.07.2020

CORAM

THE HONOURABLE MR. JUSTICEN.N.SATHISH KUMAR Crl.M.P. (MD) Nos.3389 of 2020 & 3463 of 2020 P.Moorthy ... Petitioner/Accused No.

Not known .. vs..

State through Inspector of Police, Omachikulam Police Station, Madurai District Crime No. 521 of 2020 (For Being Mentioned as per order of this Court dated 06.07.2020 in Crl.OP(MD)No.6748/2020) ... Respondent/Complainant Prayer : Petition filed u/s.438 Cr.P.C., seeking anticipatory bail praying to enlarge the petitioners on bail in the event of their arrest in Crime No.521/2020.

For Petitioner : Mr.N.R.Elango, Sr. Counsel, for Mr.G.Prabhu Rajadurai For Respondent : Additional Public Prosecutor For Intervenor : Mr.G.Karthikeyan

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 448, 294(b) and 506(i) IPC, in Crime No.521 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The main allegation is that the petitioner being a legislative member abused the defacto complainant, who is also a member of other political party for alleged post in the social media about the activities of the accused. The main allegation of the prosecution is that the petitioner had trespassed in to the house of the defacto complainant and scolded him and his family members in abusive language.

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3. The learned Senior Counsel appearing for the petitioner submitted that due to political rivalry, the case has been registered against the petitioner.

4. Whereas, the learned counsel appearing for the defacto complainant Mr.Karthikeyan submitted that the petitioner being a legislative member, he should have shown restraint in his activities and the manner in which he had abused the defacto complainant can be seen from the CC TV footage and custodial interrogation is also required in this case, otherewise, the petitioner will tamper the investigation.

5. The Additional Public Prosecutor submitted that the CC TV footage clearly show the manner in which the petitioner has abused the defacto complainant and his family members by trespassing in to his house. He further submitted that the CC TV footage is also recovered by the investigating agency and opposed granting bail.

6. It is seen that except the offence under section 506(i), other offences are bailable offences. Whether or not the allegations are ture or false cannot be gone into at this stage. At the same time, keeping in mind, the petitioner being a legislature, his conduct also assumes significance while enlarging him on bail.

7. Having regard to the nature of allegations against the petitioner and the fact that except the offence under section 506 (i), other offences are bailable offences, and CC TV footages have also been recovered in this case, when this Court expressed its view to direct the petitioner to deposit a sum of Rs.50,000/- as non refundable deposit to the Cancer Institute, Adyar, Chennai, the learned Senior Counsel on his instructions from his client has agreed to deposit the amount without prejudice to his rights and contentions before the trial Court.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.V, Madurai on condition that the petitioner shall execute an own bond for a sum of Rs.10,000/- (Rupees Ten thousand only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhaar card or Bank pass Book to ensure hisidentity.

[b] the petitioner shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) by electronically transferring 2/4

the amount, as a non-refundable deposit to the credit of the Cancer Institute, Adyar, Chennai and the bank details are as follows :

BANK DETAILS FOR NEFT Name of Beneficiary Cancer Institute (WIA) Email id :

Phone finance@cancerinstitutewia.org 044-24437302 , 9445026152 Andhra Bank MadyaKailash Branch Cancer Institute (WIA) DrKrishnamurthi Complex Sardar Patel Road, Chennai 600036 Savings Bank Account No 149710011005477 Bank Name and Branch IFSC Code ANDB0001497 Bank MICR No. 600011049 and produce the proof before the Judicial Magistrate and on such production, the Judicial Magistrate shall enlarge the petitioner on anticipatory bail.

[c] the petitioner shall report before the respondent police as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner 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 SCW5560].

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

9. The miscellaneous petitions in Crl.M.P.(MD) Nos.3889 and 3463 of 2020 are allowed.

sd/- 02/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE No.V, MADURAI.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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

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

COPY TO:- THE OFFICER IN CHARGE, CANCER INSTITUTE, ADYAR, CHENNAI.

ORDER IN CRL OP(MD) No.6748 of 2020 and CRL MP(MD) Nos.3389/2020 & Date :02/07/2020 GGS/VRC TE/JC/SAR-III : 13/07/2020 : 4P/6C 4/4