Allowed

R.Muthumurugan v. The Inspector of Police

Madras HC20 Nov 2020CRL OP(MD)/13188/2020

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court granted anticipatory bail to three petitioners accused of offences including public provocation to breach of peace and extortion. The court imposed strict conditions including daily reporting, execution of a bond, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioners released on bail in event of arrest with bond of Rs.10,000 each and two sureties, subject to conditions of daily reporting, no tampering, and no absconding for two weeks.

R.Muthumurugan Vs The Inspector of Police — Cheating and Forgery | Madras HC (2020)

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CRL OP(MD).No.13188 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2020

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PRESENT

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The Hon'ble Mr.Justice S.M.SUBRAMANIAM

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CRL OP(MD).No.13188 of 2020

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1.R.Muthu Murugan 2.R.Muthu Selvam 3.M.Rani ... Petitioners/Accused Nos.1 to 3

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State Rep.by The Inspector of Police, D-3, Koodal Pudur Police Station, Madurai. Crime No.1628 of 2020. ... Respondent/Complainant

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For Petitioners : Mr.B.Sudha Sathyananth, Advocate.

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For Respondent : Mr.K.R.Bharathikannan, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C.

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PRAYER :- For Anticipatory Bail in Crime No.1628 of 2020 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioners, who are arrayed as Accused Nos.1 to 3, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324 and 506(ii) IPC, in Crime No.1628 of 2020 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that due to money dispute, there was a wordy quarrel between the petitioners and the defacto complainant, in which, the petitioners were said to have abused the defacto complainant's son by using filthy language and also attacked him and caused injury. Hence, the case has been registered.

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3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he seek anticipatory https://hcservices.ecourts.gov.in/hcservices/ bail to the petitioners.

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CRL OP(MD).No.13188 of 2020

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4.The learned Government Advocate (Crl.Side), appearing for the respondent police submitted that the injured person had already been discharged from the hospital.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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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 No.VI, 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 and on further condition that:

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(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;

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(b)the petitioner shall report before the respondent police daily morning at 10.00 a.m., without fail, for a period of Two Weeks and thereafter as on when required for interrogation;

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(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioners shall not abscond either during investigation or trial;

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(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]; and;

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(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/-

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20/11/2020

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/ TRUE COPY / / /2020

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.

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CRL OP(MD).No.13188 of 2020

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

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DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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THE INSPECTOR OF POLICE, D-3, KOODAL PUDUR POLICE STATION, MADURAI.

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

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MS/PN/SAR-2/24.11.2020/3P.5C

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https://hcservices.ecourts.gov.in/hcservices/

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R.Muthumurugan v. The Inspector of Police

Case brief

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R.Muthumurugan v. The Inspector of Police

Case brief

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