Murugesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Murugesan
2. Mohanraj
3. Kannammal
4. Kavitha
5. Pavithra
6. Sudha
7. Anitha
8. Andiammal ... Petitioners/Accused A3 to A10
Versus
The Inspector of Police, Oddanchatram Police Station, Dindigul District.
... Respondent/Complainant For Petitioners :
Mr.R.Rajan, Advocate For Respondent :
Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.218 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/5
The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.218 of 2024, for the offence under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC and Section 4 of TNPHW Act, altered into Sections 147, 148, 294(b), 323, 324, 506(ii) and 304(II) of IPC and Section 4 of TNPHW Act, have filed this petition seeking anticipatory bail.
2. The petitioners herein are arrayed as accused Nos.3 to 10. The first accused is the brother of the defacto complainant. There is a civil dispute between them and on account of that, there was a quarrel between their family members, in which, the defacto complainant's son sustained injury and subsequently, he died in the hospital. Hence, the case.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, the entire family members have been added as accused in this case. He further submits that it is a counter in counter and the accused Nos.1 and 2 were arrested and released on bail. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that some overt act attributed as against the petitioners, which are as under:
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(i) the first petitioner assaulted the defacto complainant's wife with a wire and also assaulted his daughter-in-law with his hand; (ii) the second petitioner assaulted the defacto complainant with his hands and also assaulted his wife and two sons with a wire; (iii) the third petitioner assaulted the defacto complainant's wife and his son Murugan with a wire and also assaulted his another son Senthilkumar and daughterin-law with hands. (iv) the fourth petitioner assaulted the defacto complainant with hands and stamped on the defacto complainant's son, Senthilkumar's chest and also attacked the defacto complainant's wife with hands.
(v) the petitioners 5, 7 and 8 abused them in filthy language. (vi) the sixth petitioner assaulted the defacto complainant's son Murugan with a steel rod.
5. Considering the facts and circumstances of the case, the nature of offence and also considering the fact that the accused Nos.1 and 2 were arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of arrest or on their appearance within 3/5
a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Oddanchatram.
(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) The petitioners shall appear before the respondent Police daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 14/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY 4/5
TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ODDANCHATRAM POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.RAJAN, Advocate ( SR-6592[I] dated 18/06/2024 ) +1 CC to M/s.R.RAJAN, Advocate ( SR-6618[I] dated 18/06/2024 )
ORDER
IN CRL OP(MD) No.6468 of 2024 Date :14/06/2024 RS/VR/SAR-(01.07.2024) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5