Muthuperumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2022 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Muthuperumal 2.Raja @ Alaguraja ... Petitioners/Accused No.1 & 2 -vsState represented by The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

(Cr.No.377 of 2022) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest in connection with Cr.No.377 of 2022 on the file of the respondent Police.

For Petitioners : Mr.V.Palpandi, Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 143, 291, 294(b), 353 and 506(i) of IPC in Crime No.377 of 2022 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution, as per the de-facto complainant, is that on 29.10.2022 at about 12.15 pm., the petitioners, who carrying torch to go the Pasumpon, had illegally entered into the forbidden route and the same was questioned by the de-facto complainant. At that time, they abused the de-facto complainant in filthy language and threatened him with dire consequence. Hence, the complaint.

3.The learned Counsel for the petitioners would submit that the petitioners are innocents and a false complaint has been given. He would also submit the petitioners are members of an organisation and they have been falsely implicated in this case. 4.The learned Government Advocate (crl.side) would submit that the petitioners, who carrying torch to go the Pasumpon, were illegally entered into the forbidden route and the same was questioned by the de-facto complainant. At that time, they abused the de-facto complainant in filthy language and threatened him with dire consequence. Hence, the complaint.

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5.Heard the learned Counsel. Taking into consideration the facts and submissions and also perusing the materials available on record including the F.I.R., this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Kamuthi, on condition that the petitioners shall execute bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each with one surety 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 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 everyday at 10.30 a.m., until further orders. [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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/12/2022 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

cmr To 1 THE JUDICIAL MAGISTRATE, KAMUTHI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3 THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.SABBANI KARUBURA JOTHI.S, Advocate ( SR-15123[I] dated 20/12/2022 )

ORDER

IN CRL OP(MD) No.22356 of 2022 Date :19/12/2022 RS/VR/SAR.2(30.12.2022) 3P-6C 3/3