Madras High CourtCRL OP(MD)/10539/2024ordered

Murugan v. The Inspector Of Police

2024-07-15Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Murugan

2. Murugasan

3. Palanichamy

4. Thanuskodi ... Petitioners/Accused Nos.3, 5, 6 & 10 Vs The Inspector of Police, Rajapalayam South Police Station Virudhunagar District.

Crime No.270/2024 ... Respondent/Complainant For Petitioners :

Mr.D.Rajaboopathy, Advocate.

For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of B.N.S. 2023 PRAYER :- For Anticipatory Bail in Crime No.270/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/A3, A5, A6 & A10 who apprehend arrest at the hands of the 1/4

respondent police for the offences punishable under Sections 191(2), 296(b), 115(2) & 351(2) of BNS and r/w Section 4 of TNPHW Act, in Crime No.270 of 2024, seek anticipatory bail.

2.The case of the prosecution is that due to dispute in fishing, on 06.07.2024, the petitioners along with other accused have abused the defacto complainant in filthy language and assaulted him with their hands and also threatened him with dire consequences. 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. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that the investigation is still pending. The first petitioner is having 4 previous cases. The second petitioner is having 2 previous cases. The third petitioner is having 4 previous cased and the fourth petitioner is having 2 previous cases. Hence, he strongly opposed to grant anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering the nature of the offence, 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 2/4

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, Rajapalayam, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum 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 shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter, 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; 3/4

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

sd/- 15/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

dss TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.D.RAJABOOPATHY, Advocate ( SR-8034[I] dated 16/07/2024 ) ORDER IN CRL OP(MD) No.10539 of 2024 Date :15/07/2024 RS/JGB/SAR-(25.07.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4