Madras High CourtCRL OP(MD)/9726/2022ordered

Murugesan v. The Inspector Of Police

2022-06-16Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Murugesan,

2. Avudaithangam,

3. Muthukrishnan,

4. Chitra,

5. Jeyapandian,

6. Vaijayanthimala,

7. Pandiammal,

8. Mariammal,

9. Krishnamoorthy,

10. Sangeetha, ... Petitioners/Accused Nos.1 to 4, 7 to 12 Vs THE STATE REP BY, The Inspector of Police, Thenkarai Police Station, Theni District (Crime No. 175 of 2022). ... Respondent/Complainant For Petitioner : MR.R.Venkateswaran,Advocate. For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.175 of 2022 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioners/A1 to A4 and A7 to A12, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 452, 294(b), 323 and 379(NH) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.175 of 2022, seek anticipatory bail.

2.The case of the prosecution is that due to property dispute between the parties, the petitioners entered into the house and picked up quarrel and beat the de-facto complainant with hands and took away the money and document. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.Side) would submit that the injured in this case has been treated as outpatient and that the petitioners are having no previous case.

5.Considering the fact that there existed property dispute between the parties and also the facts that the injured has been treated as outpatient, that except the offence under Sections 452 and 379(NH) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, other offences are bailable in nature and that the petitioners are not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a)the petitioners 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 petitioners 1, 3, 5 and 9 shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation; (c)the petitioners 2, 4, 6 to 8 and 10 shall report before the respondent police as and when required for interrogation; 2/3

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;

(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/06/2022 / TRUE COPY / 22/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

THE INSPECTOR OF POLICE THENKARAI POLICE STATION, THENI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.VENKATESWARAN, Advocate ( SR-5612[I] dated 16/06/2022

ORDER

IN CRL OP(MD) No.9726 of 2022 Date :16/06/2022 PKP/PN/SAR-2/22.06.2022/3P/6C 3/3