Ananda Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/08/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN Ananda Murugan ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuaram District Crime No. 472 of 2020. ... Respondent/Complainant For Petitioner : M/s.C.Mayilvahana Rajendran, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.472 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 448, 294(b), 323, 324, 506(ii) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.472 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/ A-1 said to have consumed liquor in a public place and the same was questioned by the defacto complainant's husband. Due to that motive, the petitioner and other accused persons said to have trespassed into the house of the defacto complainant and abused her by using filthy language and assaulted and also threatened with dire consequences. Hence, the complaint.

3. Heard the learned counsel appearing for the petitioner and 1/3

the learned Government Advocate (criminal side) appearing for the respondent.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that this is case in counter and the petitioner was assaulted by the defacto complainant's husband and the crime was also registered and he was enlarged on bail in the counter case. Hence, he seeks anticipatory bail.

5.The learned Government Advocate (criminal side), on instructions, submitted that this is a case in counter and the injured has already been discharged from the hospital. He further submitted that the other accused were enlarged on bail. 6.Considering the fact and circumstances of the case and also considering the fact that this is case in counter and the injured has already been discharged from the hospital and the other accused persons were enlarged on bail and hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Paramakudi, and on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that, (a)the petitioner and 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 petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and;

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(f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 31/08/2020 / TRUE COPY / / /2020 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, PARAMAKUDI.

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

3. THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPUARAM DISTRICT.

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

+1. CC to M/S.C.MAYILVAHANA RAJENDRAN, Advocate (SR.No.6182 dated 01/09/2020)

ORDER

IN CRL OP(MD) No.8926 of 2020 Date :31/08/2020 KSA SRS/ AKM/ SAR-III/ 02.09.2020/ 3P/6C 3/3