Murasu Thazhappan @ Murasu Tamilappan v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH
1. Murasu Thazhappan @ Murasu Tamilappan, (Wrongly Mentioned as Murasu Thazhappan in Fir Instead of Murasu Tamilappan)
2. Guruvammal
3. Rathiammal ... Petitioners/Accused No.1 to 3 Vs State of Tamil Nadu, The Inspector of Police, Thiruchendur Taluk Police Station, Thoothukudi (Crime No.308 of 2024).
... Respondent/Complainant For Petitioners :
Mr.R.Karunanidhi, Advocate For Respondent :
Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.308 of 2024 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 alleged offence under Sections 78, 316(2), 318(2), 296(b) and 351(3) BNS (hereinafter referred to as new penal code) and Section 4 of TNPHW Act in Crime No.308 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that A1 had borrowed a total sum of Rs.10,00,000/- from the defacto complainant. When the defacto complainant asked for the repayment of the amount, the accused persons are said to have threatened the defacto complainant and abused him in filthy language. 3.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that as against A1 there are 50 previous cases pending and as against A2 and A3 there are no previous cases. He further submitted that no one was injured in this incident.
4. The learned counsel appearing for the petitioners submitted that most of the cases pending against the first petitioner (A1) is on the ground of protest conducted by him since he belongs to a political front.
5. Taking into consideration the facts and circumstances of the case and considering the fact that there was a money dispute between the parties and taking 2/5
note of the previous cases against the first petitioner, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, this criminal original petition is ordered and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruchendur, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioners shall report before the respondent police as and when required for interrogation.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial; 3/5
[f] 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 11/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR To 1.The Judicial Magistrate, Tiruchendur.
2.Do through the Chief Judicial Magistrate, Thoothukudi District.
3.The Inspector of Police, Thiruchendur Taluk Police Station, Thoothukudi.
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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-15255[I] dated 11/12/2024 )
ORDER
IN CRL OP(MD) No.21750 of 2024 Date :11/12/2024 ED/ SKN /SAR- (26/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5