M.Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. M.Murugesan,

2. P Alagu,

3. A Ramanathan, ... Petitioners/Accused No.1,2 and 3 Vs The Inspector of Police, Ulagampatti Police Station, Sivagangai District Crime No. 36/2024.

... Respondent/Complainant For Petitioners : Mr. Alagia Nambi R., Advocate.

For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) For Intervenor : Mr.A.Prasanna Rajadurai, Advocate PRAYER :- For Anticipatory Bail in Crime No.36 of 2024 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police in connection with the case in Crime No.36 of 2024 for the offence under Sections 341, 294(b), 506(i) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, has filed this petition, seeking anticipatory bail.

2. The case of the prosecution is that due to temple festival dispute between the parties, the petitioners abused the defacto complainant by using filthy language and also threatened the defacto complainant with dire consequences.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submits that totally three accused in this case, the petitioners are arrayed as A1 to A3 in this case. The investigation is yet to be completed. 2/5

5. Considering the nature of offence involved and also considering the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate, on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand),each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Singampuneri, Sivagangai District. (ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

(iii) The petitioners shall appear before the respondent police daily at 10.30 am for a period of two weeks and thereafter shall appear as and when required by the respondent police. They have to co-operate for the investigation. 3/5

(iv) The petitioners shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 15/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE SINGAMPUNERI, SIVAGANGAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE ULAGAMPATTI POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.ALAGIA NAMBI, Advocate ( SR-4568[I] dated 17/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.5651 of 2024 Date :15/04/2024 SS/GS/SAR- /18/04/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5