Marimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Marimuthu 2.Ganeshan ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.
(In Crime No.89 of 2024) ... Respondent/Complainant For Petitioners : Mr.R.Ilayaraja, Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate(Crl.side) For Intervenor : Mr.N.Pragalathan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.89/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for 1/5
the alleged offence punishable under Sections 147, 294(b), 323, 379(NP) and 506(ii) IPC and Section 3(1) of TNPPDL Act in Crime No.89 of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the first petitioner is the brother of the defacto complainant and the second petitioner is the son of the first petitioner. The defacto complainant is a Scientist. The accused persons damaged the intellectual property of the defacto complainant, worth about Rs.10 Crores. When the wife of the defacto complainant questioned about the same, the accused persons abused her in filthy language and also attacked her.
3.It is reported by the learned counsel appearing for the petitioners, the learned counsel appearing for the intervenor and the learned Government Advocate(Crl.side) appearing for the respondent that the parties are close relatives and by an earlier order dated 24.05.2024, this Court granted interim anticipatory bail enabling the parties to appear for enquiry and co-operate for investigation. On the best efforts taken by the respondent Police, the parties have amicably settled their issue and the defacto complainant is not intended to prosecute the case further. 2/5
4.Considering the facts and circumstances of the case and considering the fact that the parties have amicably settled the issue between them, this Court is inclined to grant anticipatory bail to the petitioners.
5.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Thoothukudi on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thoothukudi and on further conditions that:
i. 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 ii. The petitioners shall appear before the respondent police as and when required.
iii. The petitioners shall not misuse the liberty granted to them by indulging 3/5
in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well. iv. 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/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS-I/ II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
gns TO 1.THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3.THE INSPECTOR OF POLICE, SOUTH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-7691[I] dated 10/07/2024 ) +1 CC to Mr.N.Pragalathan, Advocate SR No.7745 dated 11.07.2024
ORDER
IN CRL OP(MD) No.7179 of 2024 Date :10/07/2024 RK/GS (22/07/2024) 5P /7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5