Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI and CRL MP(MD). No.5460 of 2024

1. Murugesan,

2. Subesan Vathiyar @ Sivasubramanian

3. Rajendran,

4. Manoharan,

5. Sathish Bharath Murugesan,

6. Arun Bharath, ... Petitioners/Accused Rank Not known Vs The State represented by The Inspector of Police, Uvari Police Station, Tirunelveli District.

Crime No.90/2024.

... Respondent/Complainant For Petitioners : Mr.K.Suyambulingabharathi,Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) For Intervenor : Mr.S.Palanivelayutham, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.90/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.90 of 2024, for the offence punishable under Sections 147, 294(b), 323, 506(i) and 379 IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that on 06.05.2024, the accused have threatened the lorry driver of the defacto complainant's company, snatched his gold chain and caused injury to him. Hence, the case.

3. The learned counsel appearing for the petitioners submits that the first petitioner a retired Assistant General Manager, Indian Overseas Bank and the second petitioner is a retired Teacher. He further submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 2/5

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending against the petitioners and the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and considering the fact that the injured has been discharged from the hospital and also considering the antecedents of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioners shall 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, Radhapuram, Tirunelveli District. (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;

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(iii) The petitioners shall appear before the respondent police as and when required for interrogation. 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. 7.Consequently, the connected miscellaneous petition is closed. sd/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.K.SUYAMBULINGA BHARATHI, Advocate ( SR-6451[I] dated 13/06/2024 )

ORDER

IN CRL OP(MD) No.7550 of 2024 Date :11/06/2024 PKP/ED/SAR /18.06.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5