M.Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2021 PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CRL OP(MD) No.7017 of 2021

1. M.Muthukumar

2. M.Muthuselvam

3. K.Pandi

4. P.Vijaykumar

5. S.Karthikraja

6. Alavuthan @ Vinoth ... Petitioners/ Accused No.1to5 & 6 Vs The State rep. by The Inspector of Police, C5, Karimedu Police Station, Madurai District.

Crime No.440 of 2021. ... Respondent/Complainant For Petitioners : M.Alagumani.R., Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 440 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 326 and 506(ii) of IPC, in Crime No.440 of 2021 on the file of the respondent police, seek anticipatory bail. 2.Heard both sides.

3.The case of the prosecution is that since the son of the defacto complainant used to consume and sell ganja, there was a 1/3

wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners have attacked the defacto complainant and his wife. Hence, the complaint.

4.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would also submit that the petitioners have no previous case pending against them. Hence, he seeks anticipatory bail for the petitioners.

5.The learned Additional Public Prosecutor (criminal side), on instructions, submitted that the injured has been discharged from the hospital.

6.It is seen that all other offences except 326 and 506(ii) of IPC are bailable offences. Further, the petitioners are having no previous case. Considering the above facts and circumstances of the case and also considering the impact of covid-19 pandemic situation and the consequent efforts not to congest the prisons, this Court is of the view that the arrest of the petitioner at this point of time is not necessary and unwarranted in the interest of public at large. Hence, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

7. The petitioners shall in the event of arrest by the respondent police or on their surrender before the learned Judicial Magistrate No.V, Madurai within a period of one month from the date of resumption of regular work in the Court below, be released on bail on them executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a likesum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the concerned Judicial Magistrate and on further conditions that:

(a)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 appear before the respondent police, 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 2/3

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;

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

sd/- 26/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 MAGISTRATE NO.V, MADURAI.

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

3. THE INSPECTOR OF POLICE, C5, KARIMEDU POLICE STATION, MADURAI DISTRICT.

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

+1. C.C. to Mr.R.ALAGUMANI, Advocate (SR.No.18609[F] dated 27/05/2021)

ORDER

IN CRL OP(MD) No.7017 of 2021 Date :26/05/2021 MBI SRS/VR/SAR-I/01.06.2021/3P/6C 3/3