Jeyabalan @ Jeyapaul v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Jeyabalan @ Jeyapaul ... Petitioner/Accused No.4

Vs State through the Inspector of Police, Srivaigundam Police Station, Thoothukudi District, in Crime No.198/2023. .. Respondent/Complainant For Petitioner : Mr.K.SUYAMBULINGA BHARATHI

Advocate. For Respondent : Mr.RMS.SETHURAMAN,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.198/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 452, 302, 341, 506(ii) r/w Section 109 of IPC and Section 4 of TPWH Act in Crime No.198 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant is the wife of the deceased and their children were studying tuition along with A2 (aged about 16 years). In the tuition centre, there was some wordy quarrel between A2 and the sons of the defacto complainant and hence, the deceased/father had warned A2. Due to the above motive, A2 along with A1 and A3 had attacked the deceased with deadly weapons and caused injuries to him and thereafter, he died on the spot. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is aged about 73 years and he is a physically handicapped person and there is no need to him to instigate the accused persons to murder the deceased. He would further submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner/A4 instigated the other accused to murder the deceased. In the First Information Report itself, it has been clearly mentioned. He would further submit that in this case, investigation is pending and Section 120B IPC has been added. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Heard both sides and perused the materials available on the record.

¶6On perusal of the FIR, it is noticed that in the last portion of the FIR, it is mentioned that the petitioner/A4 instigated the other accused to murder the deceased. However, in the main portion, there is no averment as against the petitioner/A4. The relevant portion of the FIR reads as follows:- "vq;fsJ Chpy; b$aghyd; thj;jpahhpd; kfs; rptfhkpapd; fzth; b$apypy; nghd tUlk; ,Ue;j nghJ mts; g[Jf;Foapy; mtsJ FHe;ijfSld; FoapUe;J te;jhs;. vd; kfDk; mts; Kj;jkfd; rpyk;gurDk; oa{rd; gof;Fk; , lj;jpy; mtd; tpisahof; bfhz;oUe;jjhf vdJ kfd; oa{rd; thj;jpahhplk; brhd;djhft[k; oa[rd; thj;jpahh; fz;oj;jjhy; vd; kfd;fs; ,rf;fpuh$hita[k;> mUz; rq;fiua[k; rpyk;gurd; moj;Js;shd;. mjpypUe;J bjhlr;rpahf gs;spf;Tlj;jpy; interval time kw;Wk; kjpa ntisfspy; vdJ ,uz;L kfd;fisa[k; bjhlh;e;J bfl;l thh;j;ij ngrpa[k;> moj;Jk; te;Js;shd;. vd; kfd;fs; vd;dplKk; vd; fzthplKk; brhd;djhy; rpyk;gurd; vq;f Ch; mk;kd; nfhtpYf;F tpisahl te;j nghJ fz;oj;Js;shh;. vd; fztiua[k; mtd; fz;lgo njtoah ktnd> nrhpf;fp ktnd vd;w mrpq;fkhf ngrpajhy; mtid vd; fzth; moj;Jk; rj;jk; nghl;Ls;shh;. clnd mtd; njtpoah ktnd cd;id btl;of; bfhy;yhky; tplkhl;nld; vd;W kpul;oa[s;shd;. vd; fzth; vd;dplk; ele;jijr; brhd;dhh;. vd; Chpy; FoapUf;Fk; gj;kehgkq;fsj;ij nrh;e;j bghparhkp vd;gthplk; ehd; brhd;ndd;. me;j rkaj;jpy; vd; fzth; nghd; ek;gh; 9995057774 vd;w vz;Zf;F rpyk;gurdpd; cstpdh; gyngh; vg;goy rpyk;gurid eP mof;fyhk; cd;id brhy;yhky; tplkhl;nlhk; vd kpul;oa[s;shh;fs;. vd; fzth; vd;dplk; brhy;ypa[k; ehDk; vd; fztUk; FHe;ijfSk; bghparhkp brhd;dJ nghy; b$aghy; thj;jpahh; tPl;ow;F brd;Wk; ele;jij brhy;yp kd;dpg;g[ nfl;Lk;> mtUk; vq;fis fz;ogo rj;jk; nghl;Lk; rhp "ePa[k; vdf;F brhe;jf;fhud; Mapl;l" rj;jk; nghl;L itf;fpnwd; vd;W brhy;yp mq;fpUe;j rpyk;gurdplk; ,tq;f ek;k brhe;jf;fhuq;f ,th;fsplk; rz;il nghl TlhJ vd brhy;yp mDg;gpdhh;. mjw;F gpwFk; rpyk;gurd; mt;tg;nghJ rpyiu Tl;o te;J igf;if itj;J race gz;zpa[k; vd; fztiu ",td;jhd; vd;id mor;rJ" fztiu ,tid vg;goa[k; bfhy;yhky; tplkhl;nld;

vd

kpul;o

bfhz;nl ,Ue;jhd;......................." ".........b$aghy;

thj;jpahhpd;

Jhz;Ljypd;

nghpy;

bfhiy bra;Js;shh;fs;........."

¶7From the above averments, it is seen that on 05.08.2023, this petitioner/A4 has not participated in the crime and the accused Murugan, Silambarasan and Ramaiah are murdered the accused. There is no evidence collected to show that this petitioner instigated the accused. However, he pacified the issues.

¶8Therefore, considering the facts and circumstances of the case and also considering the fact that the petitioner is aged about 73 years and he is a physically handicapped person, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

¶9Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Srivaikundam, Thoothukudi District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that : [a] the petitioner 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 petitioner shall report before the trial Court on summons. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/-

06/10/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. SKN TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, SRIVAIGUNDAM POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN

CRL OP(MD) No.17855 of 2023 Date :06/10/2023 SA/DD/SAR. /17.10.2023/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.