L.Muniyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11758 of 2018 1 L.MUNIYASAMY 2 S.MURUGAN 3 P.NAGARAJ 4 G.GOWTHAM 5 G.MOOVENDRAN 6 G.KARIKALAN 7 M.PRATHAP 8 K.MURALI 9 S.SHANMUGARAJ 10 S.KARTHI 11 S.RAMESH 12 M.DAVID @ VIJAYAKUMAR 13 S.KARUPPAIAH 14 M.MUKESH KANNAN 15 S.KALIDHAS 16 V.SUBBU 17 M.NAGARAJ ... PETITIONERS/ACCUSED No.1 to 17 Vs THE STATE REP BY THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT CRIME NO. 183 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.C.SENTHIL MURUGAN Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C., in Crime No.183 of 2018, seek anticipatory bail.
2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondent.
3.The first petitioner L.Muniyasamy is not an accused in this case. Therefore, this Criminal Original Petition is closed as regards the first petitioner is concerned.
4.The second petitioner S.Murugan is having one previous case. Therefore, this Criminal Original Petition is dismissed as regards the second petitioner is concerned.
5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 3 to 17 with certain conditions. Accordingly, the petitioners 3 to 17 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Ramanathapuram and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 3 to 17 shall appear before the respondent police as and when required for interrogation. The petitioners 3 to 17 shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6.The petitioners 3 to 17 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
7.In respect of Crime No.183 of 2018, two Criminal Original Petitions came to be filed. Crl OP(MD)No.11758 of 2018 is filed through the counsel Mr.C.Senthil Murugan and another Crl.O.P(MD). No.11681 of 2018 is filed through Mr.R.Murugan. This Court was having doubt as to which vakalath is genuine one. Today, the petitioners appeared before me in person and stated in unison that they engaged Advocate Mr.A.Suresh Kumar, (Enrollment No.3132/2015). Through Mr.Suresh Kumar, Mr.C.Senthil Murugan was engaged in Crl.O.P(MD).No.11758 of 2018. They have categorically affirmed before me that Mr.Shanmuganathan, Advocate was not engaged by them. They disowned the signatures attributed to them in the memo of appearance in Crl.O.P(MD).No.11681 of 2018. Mr.S.Shanmuganathan is also counsel on record.
All the petitioners have categorically affirmed that they did not engage Shanmuganathan and they have not signed in the memo of appearance. This statement was made in the presence of Mr.Murugan. Mr.Murugan fairly stated that he filed the Crl.O.P(MD).No.11681 of 2018 only on instruction given by Mr.Shanmuganathan only.
sd/- 13/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.C.SENTHIL MURUGAN Advocate SR.No.13010
ORDER
IN CRL OP(MD) No.11758 of 2018 Date :13/07/2018 SMA/RR/SAR-1/20.07.2018:2P/6c