Boys Mani @ Mani Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Boyz Mani @ Mani Murugan ... Petitioner/Accused No.2 Vs The Inspector of Police, E-5, Mattuthavani Police Station, Mattuthavani, Madurai City, Madurai.
Crime No.165 of 2023.
... Respondent/Complainant For Petitioner :
Mr.Niranjan S.Kumar, Advocate for Mr.S.Murugaganesan, Advocate For Respondent :
Mr.M.Sakthi Kumar, Government Advocate (Crl.Side). PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.165 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who is arrayed as second accused apprehends arrest at the hands of the respondent Police for the offences punishable under sections 147, 364 (A), 365, 324 and 506(ii) IPC, in Crime No.165 of 2023 on the file of the respondent 1/5
Police, seeks anticipatory bail.
2.The case of the prosecution in brief:- The de-facto complainant lodged a complaint stating that he is doing cinema finance business and also the President of Jallikattu Association, Madurai. In the course of the above said Jallikattu events, one Saravanan @ Gundu Saravanan became his friend. On 26/04/2023, he returned to his home town from Chennai. At about 07.00 pm, he along with one AC Pandi, went to Kingfisher Bar for taking liquor. At that time, Saravanan @ Gundu Saravanan along with his friends also came there. They asked him to board a Car. Suspecting their behaviour, he refused. He was assaulted by Saravanan @ Gundu Saravanan and put inside the Car forcibly. When the neighbours gathered, on hearing the noise of the defacto complainant, one Boyz Mani threatened the neighbours with knife.
Again, he was assaulted by Saravanan @ Gundu Saravanan. He was taken forcibly in the above said Car to Pudupatti. In that place, one Dhakasekaran and Dhanapal were present. He was forced to get down from the Car. They demanded Rs.10,00,000/- for releasing him. He was also criminally intimidated. Later, he contacted her wife. She sent 34 sovereigns of gold jewels. That was handed over to one Dhanasekaran. It was intimated to Saravanan @ Gundu Saravanan, Boyz Mani and others. Again, he was taken into the Car and dropped at about 04.00 am near Madurai KK Nagar, ICICI Bank. On the basis of the above said occurrence, a case in Crime No.
registered for the offences as stated above.
3.After dismissal of an earlier application on merits, this petition was moved by the petitioner, seeking interim anticipatory bail, on the ground that father of the petitioner is aged and sick, to take care of his father, he wants a month time. Further he submitted that the petitioner only attending his father and taking care of him. On that ground, interim anticipatory bail was granted by the order dated 27.09.2023. He was directed to report before the respondent Police daily at 10.30 a.m., and after expiry of one month time, he must surrender before the respondent Police. For reporting compliance, the matter was listed. At that time, it was submitted by the learned Additional Public Prosecutor that conditions were not complied properly by the petitioner, not only that, he did not even visit his parents.
On that ground the matter was adjourned, directing the petitioner and his parents to be present before this Court in person. On the adjourned date, the petitioner did not appear, where as, his father was taken to the Court, he was found ill and moving in wheel chair and his mother also appears to be aged. On enquiry with his parents, they stated that the petitioner visited his father one time and purchased medicines, thereafter, he did not come. His mother also stated that she only taking care of her husband. 4.
respondent Police along with his Advocate. Now his wife is also pregnant and that too in the advance stage. So, he has to take care of his wife. For that purpose, he wants extension of interim anticipatory bail, for which, Crl.M.P(MD) No.15409 of 2023 in Crl.O.P(MD) No.17237 of 2023 is also filed before this Court. 5.By the order dated 27.09.2023, Interim anticipatory bail was granted on the ground that the petitioner has to take care of his father, but his mother now stated that she only taking care his husband. Now, the learned counsel for the petitioner put a new ground that the petitioner's wife is in advance stage of pregnancy. The petitioner wants to gain order on one or other reason or pretext. The conduct of the petitioner is sufficient enough to deny his request. So, he has to surrender before the respondent Police immediately. I find no reason to extend the interim anticipatory bail granted to the petitioner. Considering the above said, this petition deserve to be dismissed and accordingly dismissed. Consequently, the connected Miscellaneous Petition is closed.
sd/- 27/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU 4/5
TO 1 THE INSPECTOR OF POLICE E-5 MATTUTHAVANI POLICE STATION, MATTUTHAVANI, MADURAI CITY, MADURAI.
2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.NIRANJAN S.KUMAR, Advocate ( SR-16921[I] dated 27/11/2023 )
ORDER
IN CRL OP(MD) No.17237 of 2023 Date :27/11/2023 RS/DD/SAR-(07.12.2023) 5P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5