Murugan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2023 PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI

¶1Murugan

¶2Sangeetha

¶3Somasundaram

¶4Kumaravel

¶5Nageshwari

¶6Babu @ Baby ... Petitioners / Accused No.1,3,5,9,10 & 8 Vs The Inspector of Police, Melur Police Station, Madurai District. (Crime No.277 of 2023.) ... Respondent / Complainant For Petitioners : M/s.Balakrishnan.M, Advocate. For Respondent : Mr.M.,Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 277/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324, 457, 448 and 506(ii) IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.277 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to family dispute, the petitioners said to have teased the defacto complainant's daughter and also attacked the defacto complainant and abused him in filthy language. Hence, the complaint.

¶3Heard both sides and perused the materials available on record including the First Information Report.

¶4It is submitted that it is a case of case and counter and the counter case has been registered in Crime No. 278 of 2023 on the file of the respondent police and the injured was treated as out patient.

5.Considering the facts and circumstances of the case and also considering the fact that it is a case of case and counter and that the injured was treated as a out-patient, 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 their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Melur, Madurai 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 to 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 daily at 10.30 a.m for a period of 30 days and thereafter, as and when required for interrogation;

(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 are 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 11/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TRP To

1.The Judicial Magistrate, Melur, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai.

4.The Additional Public Prosecutor, Madurai District. +1 CC to M/s.M.BALAKRISHNAN, Advocate ( SR-7295[I] dated 11/05/2023 ) ORDER IN CRL OP(MD) No.8598 of 2023 Date :11/05/2023 ED/BUC/SAR-4 (12/05/2023) 3P 6C