Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/12/2022 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CRL OP(MD). No.22075 of 2022 Murugan ... Petitioner/Accused Rank Not Known Vs State rep.by The Inspector of Police, Theppakulam Police Station, Madurai City.
(Crime No.702 of 2022).
... Respondent/Complainant For Petitioner : M/s.Sathish Kumar K, Advocate For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.702 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 506(ii) I.P.C, in Crime No.702 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that there was a dispute between the parties, with regard to parking of vehicle in front of the Tea shop of the defacto complainant, over which, on 08.12.2022, the accused persons abused and assaulted the defacto complainant with stone, as a result, the defacto complainant lost his two teeth. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and a false complaint has been foisted against him, since the petitioner is the friend of first accused. Injured has been discharged from the hospital. The co-accused has been released on bail. Hence, prays to release the petitioner on anticipatory bail.
4.The learned Government Advocate (Crl.Side) submitted that there was a dispute between the parties, on account of parking of vehicle in front of defacto complainant's shop. In this case, the injured was discharged from the hospital and the investigation is not yet completed. The petitioner is having two previous cases at his credit. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that the injured was discharged from the hospital and also that the co-accused has been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m., and 05:30 p.m., until further orders; [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law, as if the conditions have been imposed and the petitioner 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/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
Sd/- 14/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM TO
1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI CITY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.22075 of 2022 Date :14/12/2022 SP/SSS/SAR I/20/12/2022/3P/5C