Madras High CourtCRL OP(MD)/18272/2022granted

Murugesan v. The Sub Inspector Of Police

2022-10-26Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.18272 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/10/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.18272 of 2022

1. Murugesan

2. Murugananatham ... Petitioners/ Petitioners / Petitioners / Accused Nos.1 & 2 Vs The State rep.by, The Sub Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.

Cr.No.97/2022.

... Respondent/ Respondent / Respondent / Complainant For Petitioner : M/s.Ramalingam C.B., Advocate.

For Respondent : MR.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.97/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused No.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 324 and 506(ii) IPC, in Crime No.97 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that on 14.06.2022 at about 03.00 p.m., when the defacto complainant was transporting the articles for the purpose of putting up the construction, he levelled the path. At that time, the accused persons prevented him from doing the aforesaid work, criminally intimidated him and also caused assault with Aruval on various parts on the body. The wife of the defacto complainant was also assaulted. At the intervention of the neighbours, that was averted.

3. This is the third anticipatory bail petition filed by the petitioners. The earlier applications filed by the petitioners were dismissed on the ground that there was deep bone injury to the defacto complainant. Considering the grievous injury sustained by the defacto complainant and since the defacto complainant was in the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.18272 of 2022 hospital as inpatient, the earlier two applications were dismissed by this Court.

4.Now it is submitted that the defacto complainant was discharged from the hospital and even though there was a deep bone injury, no alteration Report has been filed by the respondent police till now. It is also a case in counter case. Therefore, in view of the above this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Paramakudi, 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners 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/- 26/10/2022 / TRUE COPY / /11/2022 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, PARAMAKUDI.

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

3 THE SUB INSPECTOR OF POLICE NAINARKOIL POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.B.RAMALINGAM, Advocate (SR-11879[I] dated 26/10/2022) ORDER IN CRL OP(MD) No.18272 of 2022 Date :26/10/2022 TM MK/GB/SAR.I/31.10.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2