Samidurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of August Two Thousand Twenty PRESENT The Hon'ble Mr.Justice B.PUGALENDHI 1 SAMIDURAI 2 RENGASAMY 3 SUBRAMANIAN 4 SWAMINATHAN 5 CHANDRASEKAR @ CHANDRASEKARAN @ CHANDRU 6 DINESH 7 RAMESH S/O.RAMALINGAM 8 MURUGANANTHAM 9 PANNEERSELVAM 10 MUKIL @ NIKIL 11 PALANIVEL 12 ELANSEKARAN 13 RAMESH S/O.SARGUNAM 14 RAGAVAN 15 TAMILMARAN ... PETITIONERS/ ACCUSED NO.2 TO 16 Vs STATE REP.BY THE INSPECTOR OF POLICE PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.
CRIME NO.1302 OF 2020 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.K.M.KARUNAKARAN, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused No.2 to 16 in Cr.No.1302 of 2020 on the file of Pattukkottai Taluk Police Station, Thanjavur District, have filed the present anticipatory bail petition that they are apprehending arrest for the offence under Sections 147, 148, 294(b), 323, 342, 353, 332, 307, 269, 188 IPC, r/w Section 3 of TNPPDL Act.
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2. The learned counsel for the petitioners submits that a case was registered based on the complaint of one Mr.Ravichandran, Sub Inspector of Police, Pattukkottai Taluk Police Station that they received an information that there was an accident and the villagers of Aatthikottai village surrounded the persons, who have caused the accident and assaulted them and in order to rescue the said persons, the Sub Inspector of Police and other police officials went to the occurrence place, in a Bolero vehicle bearing Reg.No.TN49 G 0905 and in another private vehicle TN49 BE 8204 (Renault Kwid), but the villagers have also caused damages to the complainant's vehicle and thereby, they have committed the offence as stated above.
3. The case of the petitioners is that on 03.08.2020 at about 8.00 p.m., three persons, who came in a motor cycle, attempted to snatch a chain from the deceased, who was also riding a motorcycle on the road, due to which, the deceased fell down and died on the spot. This occurrence was witnessed by the villagers and the villagers also surrounded the accused, who attempted to rob the chain from the deceased and also informed the police. But the police in order to help the accused have foisted this false case against the entire villagers who secured the persons, who have committed robbery and also a murder.
4. The case of the villagers is that as against the persons, who have committed robbery, a case was also registered in Cr.No.1301 of 2020 for the offence under Section 304(ii) IPC alone, but, only after the intervention of the higher officials, now, the case has been altered into Sections 392 and 302 IPC after two days only. It is further case of the villagers that the manner in which the case in Cr.No.1301 of 2020 was initially registered for the offence under Section 304(ii) IPC and the subsequent alteration of FIR would reveal the connivance of the complainant in rescuing the accused involved in Cr.No.1301 of 2020 and this case is also foisted to harass the petitioner and to protect the accused in Cr.No.1301 of 2020.
5. Per contra, the learned Government Advocate (Crl. Side) has submitted that on the complaint of one of the villagers, a case was originally registered in Cr.No.1301 of 2020 for the offence under Section 304(ii) IPC and the same was also altered into Sections 392 and 302 IPC on 05.08.2020. However, the villagers had taken the law into their hands and also brutally assaulted the accused in Crime No.1301 of 2020 and when the complainant and other police officials went in rescue of the accused from the villagers, the villagers also assaulted them and also damaged the vehicles. He also submits that the co-accused in this case has been granted anticipatory bail by order, dated 21.08.2020 in Crl.O.P.(MD).No.8512 of 2020.
6. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side).
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7. The fact remains that the incident had taken place on 03.08.2020, at about 8.20 p.m., wherein the accused in Crime No.1301 of 2020 have attempted to snatch the chain from the deceased and in that incident, the deceased fell down and died on the spot. Though the complaint was lodged by the villagers, the case was registered for the offence under Section 304(ii) IPC and only after two days, the offence was altered into Sections 392 and 302 IPC. The incident in Cr.No.1302 of 2020 had taken place at 9.00 p.m. subsequent to the occurrence taken place at 8.20 p.m., in Cr.No.1301 of 2020. Considering the facts and circumstances of the case, this Court has already granted Anticipatory Bail to the accused no.17 in Crl.O.P. (MD).No.8512 of 2020, by order dated 21.08.2020.
8. Accordingly, this criminal original petition is allowed and 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 on which the order copy was made ready before the learned Judicial Magistrate, Pattukkottai, Thanjavur District, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, for a like sum to the satisfaction of the respondent Police and on further conditions that:- [a] the petitioners as well as the sureties shall submit a copy of their Aadhar card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds. [b] the petitioners shall report before the respondent police as and when required.
[c] the petitioners shall not tamper the evidence or witness either during investigation or trial. [d] the petitioners shall co-operate for the investigation and the trial. The petitioners shall not abscond either during investigation or trial and in event of the petitioners absconds, the respondent police shall register a case as provided under Section 229-A IPC.
[e] in the event of breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate action against the petitioners, as per the principles laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].
sd/- 26/08/2020 / 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, PATTUKKOTTAI, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :26/08/2020 TM JM/PN/SAR 2/26.08.2020/4P/5C 4/4