Madras High CourtCRL OP(MD)/10128/2020ordered

Balamurugan v. The Inspector Of Police

2020-09-25Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.10128 of 2020

1. Balamurugan

2. Pandi

3. Ramar

4. Lakshmanan

5. Rajadurai

6. Moorthi

7. Kumar @ Ramesh Kumar

8. Muthuramalingam

9. Karuppu Durai ... Petitioners/Accused No. 1, 2 & 4 to 10 Vs The State Rep. by The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

(Crime No.158/2020). ... Respondent/Complainant For Petitioners : M/s.D.Rajasekar, Advocate.

For Respondent : Ms.S.E. Veronica Vincent, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.158 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioners who arrayed as A-1, A-2 & A-4 to A-10 apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324 & 506(ii) of IPC, in Crime No.158 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that totally there are Ten accused and the petitioners are A-1, A-2 & A-4 to A-10. The allegation is that due to election dispute between two rival groups in Village, in a wordy quarrel, the petitioners said to have abused the defacto complainant by using filthy language and assaulted him and his relatives and also criminally intimidated and caused injuries. Hence, the complaint.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that this is a case in counter. Hence, he seek anticipatory bail.

5.The learned Government Advocate (Crl. Side), on instructions, submitted that this is a case in counter. He further submitted that the petitioners have also preferred a complaint against the defacto complainant and the same was registered in Crime No.157 of 2020 by the respondent police for the offences under Sections 147, 148, 294 (b), 323, 324, 336 , 307 & 506(ii) of IPC., and due to election motive between the parties, the petitioners said to have criminally intimidated the defacto complainant and assaulted and also caused injuries. He further submitted that the injured person has already been discharged from the hospital.

6.Considering the fact and circumstances of the case and considering the fact that this is case in counter and in the occurrence taken place a wordy quarrel arouse between the parties due to election dispute and the injured person has already been discharged from the Hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kamuthi, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police as and when required for interrogation.

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

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

(e)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;

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

sd/- 25/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate (SR-6671[I] dated 28/09/2020) ORDER IN CRL OP(MD) No.10128 of 2020 Date :25/09/2020 KSA TE/JC/SAR-II : 30/09/2020 : 3P/6C