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Madras High CourtCRL OP(MD)/8840/2020ordered

Arunagiri v. The Inspector Of Police

2020-08-26Honourable Mr Justice B.Pugalendhi3 pages

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 ARUNAGIRI ... PETITIONER/ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.1302 OF 2020 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.M.KARUNAKARAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody since 03.03.2020 for the offences punishable under Sections 147, 148, 294(b), 323, 342, 353, 332, 307, 269, 188 IPC, r/w Section 3 of TNPPDL Act, in Crime No.1302 of 2020, on the file of Pattukkottai Taluk Police Station, Thanjavur District, seeks bail.

2. The learned counsel for the petitioner 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 petitioner 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 1/3

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 would also submit that the co-accused/A17 in this has been granted anticipatory bail, by order dated 21.08.2020.

6. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side).

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 petitioner is ordered to be released on bail, subject to the following conditions;

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[a] the petitioner shall execute a 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 learned Judicial Magistrate, Pattukottai, Thanjavur District.

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

[d] the petitioner shall not tamper the evidence or witness either during investigation or trial.

[e] the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trial and in event of the petitioner absconds, the respondent police shall register a case as provided under Section 229-A IPC.

[f] in the event of breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate action against the petitioner, 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.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT. 4.THE SUPERINTENDENT,CENTRAL PRISON,TRICHY.

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

ORDER

IN Date :26/08/2020 TM TK/VR/SAR.2/26.08.2020/3P/6C 3/3