Partly allowed

Murugan v. The Inspector of Police

Madras HC15 Jul 2021CRL OP(MD)/9006/2021

Case brief

AI extract

What is this about?

In a petition for anticipatory bail regarding alleged offences under IPC and TNPWH Act involving assault and obscenity, the High Court declined bail for the primary accused due to his criminal record but granted bail to others given the discharge of the injured party.

What did the court decide?

Anticipatory bail granted to petitioners 2 and 3 subject to bond execution with two sureties and specific reporting and behavior conditions; petitioner 1 dismissed.

Murugan Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD)No.9006 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 15/07/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD)No.9006 of 2021

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1.Murugan

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2.Umamaheswari

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3.Muthulakshmi ... Petitioners/Accused Rank No.1 to 3

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The State Represented by The Inspector of Police, Abiramam Police Station, Ramanathapuram District. Cr.No. 379 of 2021.. ... Respondent/Complainant

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For Petitioner : Mr.S.J.Chakkkaravarthy,

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Advocate.

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For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime No.379 of 2021 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 506(i) IPC and Section 4 TNPWH Act in Crime No.379 of 2021, seek anticipatory bail.

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2.The case of the prosecution is that on 02.07.2021, the defacto complainant's mother was beaten by A3 in connection with watering the land. At about 05.30 pm., the defacto complainant asked Muthulaksmi why she had beaten her mother. She scolded her in filthy language and hit her and strangled her neck. Murugan and his wife also scolded her in filthy language, Umamahesawari and Muthulakshmi

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

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CRL OP(MD)No.9006 of 2021

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pushed her down and beaten her. Hence, the complaint.

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3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

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4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed. He further submitted that A1 has five previous cases pending against him including two IPC cases and three Mines and Minerals Cases. He also submitted that the injured person had been discharged form the hospital.

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5.Considering the nature of the incident and A1 has five previous cases, this Court is not inclined to grant anticipatory bail to the first petitioner/A1 and this petition is dismissed against the first petitioner. However, considering the fact that the injured person had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 2 & 3.

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6.Accordingly, the petitioners 2 & 3 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Kamuthi, Ramnad District on condition that the petitioners 2 & 3 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 learned Magistrate concerned and on further condition that:

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[a] the petitioners 2 & 3 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 petitioners 2 & 3 shall report before respondent police as and when required.

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[c] the petitioners 2 & 3 shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioners 2 & 3 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 2 & 3 in accordance with law as if the conditions have been imposed and the petitioners 2 & 3 released on bail by the learned Magistrate/Trial Court himself as laid down by https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD)No.9006 of 2021

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the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

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[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/15/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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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TO 1.THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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3.THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMNAD DISTRICT.

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4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.9006 of 2021 Date :15/07/2021 GNS SS/VR/SAR-I/15.07.2021 : 3P/5C

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

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Murugan v. The Inspector of Police

Case brief

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Murugan v. The Inspector of Police

Case brief

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