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Madras High CourtCRL OP(MD)/7479/2022ordered

Murugesan v. The Inspector Of Police

2022-04-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Murugesan

2. Patturoja

3. Venkatesan ... Petitioners/Accused Nos.1 to 3 Vs The State Rep. By, The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

Crime.No.91 of 2022.

... Respondent/Complainant For Petitioners : M/s. Rathinavel Pandian.J.C., Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.91 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323 and 506(i) IPC and Section 4 of TNPHW Act, 2002 in Crime No.91 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a family dispute between the parties, due to which, the petitioners abused the de-facto complainant in filthy language, attacked him and caused injuries. Hence, the complaint.

3.The learned counsel appearing 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) appearing for the respondent police would submit that the injured was discharged from the hospital. He would further submit that the counter case has been registered in Crime No.90 of 2022 against the defacto complainant.

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5.Considering the facts and circumstances of the case and considering the facts that there existed family dispute between the parties, that the injured was already discharged from the hospital, that the petitioners are not having any bad antecedents and that the counter case in crime No.90 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, Thoothukudi District, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the first and third 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 second petitioner shall report before the respondent police as and when required for interrogation. (d)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (e)the petitioners 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 SCW 5560]; and;

(g)if the accused/ petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 MAGSITRATE, TIRUCHENDUR, THOOTHUKUDI DISTRICT .

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE INSPECTOR OF POLICE, KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7479 of 2022 Date :22/04/2022 das USK/SVR/SAR-I/28.04.2022/3P/5C 3/3