Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15114 of 2023 Murugan ... Petitioner/Accused Vs The Inspector of Police, Anna Nagar, Madurai City.

In Crime No.548/2023. ... Respondent/Complainant For Petitioner : Mr.N.Anantha Padmanathan, Senior Counsel for M/s.Apn Law Associates, For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.548/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 153A, 504, 505(1)(b), 505(1)(c) and 505(2) of IPC, in Crime No.548 of 2023 on the file of the respondent police, seeks 1/3

anticipatory bail.

2. The case of the prosecution is that the petitioner has made insult on leader of the defacto complainant's community in a public meeting which had gone viral in the social media. The petitioner has spoken by exalting his community leader's achievement and talked down about him and disrupt law and order. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. On the basis of the apology that has been tendered by the petitioner, in the form of undertaking affidavit, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. If any violation of the above said undertaking given by the petitioner is noted, anticipatory bail granted in this petition shall stand automatically cancelled without any reference to the Court and if necessary, the respondent is at liberty to take action against the petitioner, in appropriate manner. The petitioner shall comply 2/3

with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 24/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 JUDICIAL MAGISTRATE NO.VI, MADURAI, 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE ANNA NAGAR, MADURAI CITY.

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

ORDER

IN CRL OP(MD) No.15114 of 2023 Date :24/08/2023 SSA/VR/05.09.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3