Ayyamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22/11/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM
1. Ayyamurugan,
2. Ajithkumar,
3. Selvam,
4. Irulandi,
5. Jeyaraman,
6. Shanmugaiyapandi,
7. Ramamoorthy,
8. Pathinettu @ Pathinettampadiyan, S/o.Thaniskodi,
9. Pathinettu, S/o.Ramu,
10. Muthuvalivittan,
11. Karnan,
12. Karupanan,
13. Vellaiyammal,
14. Karmegam, 1/6
15. Muthukili, W/o.Tharmalingam,
16. Lakshmi,
17. Pandeeswari,
18. Angammal,
19. Tamilselvi,
20. Muthukili, W/o.Irulandi,
21. Muthukili, W/o.Ramamoorthy,
22. Ramar @ Ramanathan,
23. Mariselvan, ... Petitioners/Accused No.1 to 23 Vs The Inspector of Police, Veeracholan Police Station, Virudhunagar District.
Crime No.62/2023.
... Respondent/Complainant For Petitioner : M/s.MANOHARAN.K, Advocate.
For Respondent : RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.62/2023 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 143, 147, 294(b), 323, 324, 336, 506(ii) IPC and Section 4 of TNPHW Act in Crime No.62 of 2023, seek anticipatory bail. 2.The case of the prosecution is that there was a dispute with regard to the temple festival between two groups. Due to which, the accused persons abused the defacto complainant in filthy language and also assaulted him with iron rod and also caused life threat to the defacto complainant's family. Hence the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.
The learned Additional Public Prosecutor appearing for the respondent police would submit that there was a dispute with regard to the temple festival between two groups, due to which, a case and a counter case came to be registered. He would further submit that there is no previous case pending as against the petitioners. 5.Considering the nature of allegations levelled as against the petitioners and taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs.
SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994)4 SCC 260 and taking into consideration the origin of crime, it is seen that the offence alleged as against the petitioners is not a case of heinous crime. Further the petitioners are having permanent residence at Virudhunagar District. Hence the principles stated in Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, he can safely be released on his personal bond. 6.
In view of the above, this Court is inclined to grant anticipatory bail to the petitioners. 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, Tiruchuli on condition that the petitioners shall execute a own bond for a sum of Rs.
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[a] the petitioners shall affix their photograph 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 trial Court on summons. [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/- 22/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
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GNS TO 1 THE JUDICIAL MAGISTRATE, THIRUCHULI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.MANOHARAN, Advocate ( SR-16674[I] dated 22/11/2023 ) ORDER IN CRL OP(MD) No.20988 of 2023 Date :22/11/2023 SA/JGB/SAR. /08.12.2023/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6