BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction)

Dated: 09/11/2023 THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)Nos.16785 and 16786 of 2023 (1)Crl.OP(MD)No.16785 of 2023:-

Sureshkumar : Petitioner/A3 Vs.

State through, The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(Crime No.167 of 2019) : Respondent/Complainant For Petitioners : Mr.V.Prakash Senior counsel for M/s.Jayasudha For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (2)Crl.OP(MD)No.16786 of 2023:-

1.Ilayaraja

2.Vairamoorthi : Petitioners/A1 and A2 Vs.

State through, The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(Crime No.167 of 2019) : Respondent/Complainant For Petitioners : Mr.K.Navaneetha Raja For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C.

COMMON PRAYER:-For Anticipatory Bail in Crime No.167 of 2019 on the file of the Respondent Police.

COMMON ORDER: The Court made the following order:-

The petitioners, who are arrayed as A1 to A3 apprehend arrest at the hands of the respondent police for the offence punishable under section 176(1A)(i) of Cr.P.C @ 166B, 217, 304(2) and 342 IPC @ 166, 166B and 302 IPC, in Crime No.167 of 2019 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution, as mentioned in the final report is that A1 was working as Sub Jailer, Kumbakonam and also working as Superintendent in the Sub Jail. A2 is the Grade I Constable in the Prison Department. A3 is the Grade II Constable in the same Department. On 03/06/2019, the deceased namely Saravanan was remanded to judicial custody in Crime No.162 of 2019 by the Judicial Magistrate No.1, Kumbakonam. The order was passed, on 03/06/2019. Proper medical examination was taken before remanding him to the custody. It was ascertained that there was no injury. when he was kept in the prison, he did not take food proper and mentally stressed, he was making shouting and fell down in the bath room. On 07/06/2019 in the evening, A1 to A3 warned the deceased to calm down, but he did not oblige. So all the accused tied the hands of the deceased knowing fully well that if any assault is made he will die. They assaulted the deceased with sticks and hands. Because of the severe injuries suffered by the deceased, he was admitted in the hospital, on 07/06/2019, then to the Thanjavur Medical College Hospital. Later he died, because of the injuries made by the accused persons. Charging them for the offences under sections 166, 166B, 302 IPC, final report was filed.

3.Seeking anticipatory bail, A1 to A3 are before this court by filing these petitions.

4.Heard both sides.

5.While passing order in Crl.OP(MD)No.11898 of 2023, dated 30/06/2023, the following observation was made by this court:-

“5.A perusal of the records revealed that the deceased was arrested in pursuant to the registration of FIR in Crime No.162 of 2019 on the file of the respondent herein for the offences punishable under Sections 294(b), 427 and 506(ii) of IPC on 03.06.2019. Immediately, on 03.06.2019 itself, he was remanded to judicial custody.

6.On perusal of the Proforma For Health Screening of Prisoners Admission to Jail of the deceased, he was subjected for medical examination by the Medical Officer (Causality), Government of District Head Quarters Hospital, Kumbakonam, he opined that the deceased was normal and no injuries found on the body of the deceased. Therefore, he was taken to custody by the jail authorities, namely, the petitioners herein and the first petitioner was working as the 1st Grade Warden and the second petitioner was working as Grade II Police Constable and the third petitioner was working as an Assistant Jailer of the Kumbakonam Sub Jail. Thereafter, they found that the deceased was suffering with epilepsy during night hours on 07.06.2019. Immediately, he was taken to District Head Quarters Hospital at Kumbakonam and again he was referred for bet