Murugan @ Thirumurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Murugan @ Thirumurugan,
2. Senthilmurugan,
3. Jeevanantham,
4. Jegan @ Jeganathan,
5. Akash,
6. Karthick @ Kava,
7. Sugan,
8. Anbalagan @ Sindu,
9. Balamurugan, ... Petitioners/Accused Nos.1to9 Vs The Inspector of Police, Kabisthalam Police Station, Thanjavur.
Crime No.879/2024.
... Respondent/Complainant 1/5
For Petitioners : M/s.Sathya Chidambaram.S, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS PRAYER :- For Anticipatory Bail in Crime No.879/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 329(4), 324(4) and 351(3) of BNS, 2023 r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.879 of 2024, seek anticipatory bail. 2.The case of the prosecution is that during the course of the temple festival, there was wordy quarrel arose between the defacto complainant and the petitioners. Thereby, the petitioners are said to have abused the defacto complainant in filthy language and assaulted him with wooden log and caused injuries. Hence, the complaint.
3.Heard both sides.
4.Considering the nature of allegation that the dispute arose relating to the temple festival and also considering the facts that the injured being discharged from 2/5
the hospital and there are no bad antecedents against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of 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 District Munsif Cum Judicial Magistrate, Papanasam, Thanjavur District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) common surety 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 3/5
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 thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/08/2024 / TRUE COPY / / 08 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE PAPANASAM. THANJAVUR DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR,
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-10103[I] dated 20/08/2024 )
ORDER
IN CRL OP(MD) No.13489 of 2024 Date :19/08/2024 PSP/GS/SAR /24.08.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5