Muralitharan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN 1.Muralitharan 2.Radhakrishnan ... Petitioners/Accused 1 & 2 Vs The State rep. by The Sub-Inspector of Police, Arumani Police Station, Kanyakumari District.

(Cr.No.484 of 2020) ... Respondent/Complainant For Petitioners: Mr.A.Balakrishnan, Advocate.

For Respondent : Ms.M.AnanthaDevi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For an Anticipatory Bail in Crime No.484 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who are arrayed as A1 & A2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 341, 294(b), 323, 506(i) IPC, in Crime No.484 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is working as LIC agent at Marthandam. On 10.11.2020, the defacto complainant participated the E-auction conducted by Canara Bank, in respect of the property one Sunil Kumar, S/o.Purushothaman situated at Manjalumoodu. In this regard, the petitioners troubled the defacto complainant. While so on 12.11.2020 at about 2.30 p.m. near Manjalumoodu, the accused persons assaulted and threatened the defacto complainant by questioning why he purchased the property. Hence, the case has been registered.

1/3

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

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

5.The learned Government Advocate (Criminal Side), appearing for the respondent police submitted that the petitioners said to have attacked the defacto complainant and caused injury to him. However, he further submitted that the injured sustained only simple injury and he has been treated as out patient. 6.Considering the facts and circumstances of the case and considering the fact that the injured sustained only simple injury and he has been treated as out patient, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.

1, Kuzhithurai, 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;

2/3

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

sd/- 24/11/2020 / 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.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

2. -DO- THORUGH: THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL

3. THE SUB-INSPECTOR OF POLICE, ARUMANI POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13357 of 2020 Date :24/11/2020 VSD SRS/AKM/SAR-IV/30.11.2020/3P/5C 3/3