Muthuramu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.05.2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI 1.Muthuramu 2.Rani 3.C.Devi 4.Marimuthu @ Mari ... Petitioners/Accused Nos.1 to 4 Vs The State rep. by The Inspector of Police, Town South Police Station, Thanjavur Town, Thanjavur District, (Crime No.380 of 2022) ... Respondent/Complainant For Petitioners : Mr.S.VISHNUVARDHAN Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.380 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4 who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.380 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the civil dispute pending between the petitioners and the defacto complainant ended in favour of the defacto complainant. Aggrieved over the same, the petitioners entered into the house of the defacto complainant and abused him in filthy language and threatened him and his family members with dire consequences.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent police would state that there is a Civil dispute between the petitioners and the defacto complainant and a counter case has also been filed against the defacto complainant. 5.Considering the facts and circumstances of the case and also considering the fact that it is a case in counter, 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 on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Thanjavur, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police as and when required.

[c]the petitioners shall not tamper with the 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 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].

sd/- 18/05/2022 / TRUE COPY / / /2022 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.

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TO 1 THE JUDICIAL MAGISTRATE NO.I THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, THANJAVUR TOWN, THANJAVUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.KATHIRAVAN.K.S Advocate SR.No.4976

ORDER

IN CRL OP(MD) No.9151 of 2022 Date :18/05/2022 SA/PN/SAR.4/23.05.2022/3P/6C 3/3