Madras High CourtCRL OP/13687/2018granted

Murali v. The State Rep.By

2018-05-23Honourable Mr Justice P. Rajamanickam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. RAJAMANICKAM CRIMINAL ORIGINAL PETITION No.13687 of 2018 1 MURALI [ PETITIONERS / ACCUSED ] 2 NANTHAKUMAR Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE PUDUCHATHIRAM POLICE STATION, NAMAKKAL DISTRICT.

CR.NO.138 OF 2018 For Petitioner : M/S.C.THANGARAJU Advocate For Respondent : M/S.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 506(ii), 427, 379 of IPC in Crime No.138 of 2018, seek anticipatory bail.

2. The case of the prosecution is that on 15.03.2018 at about 3.00 pm petitioners along with other accused entered into defacto complainant's land and caused damages to defacto complainant's 5 H.P.Motor, rope and wires worth about Rs.40,000/- and abused the petitioner with filthy languages, which resulted in registration of this case.

3.The learned counsel for the petitioners submitted that due to civil dispute, a false case has been foisted against the petitioners and two others. He further submitted that the Accused 1 and 2 have already been granted Anticipatory Bail by this Court in Crl.OP.No.13134 of 2018 dated 09.05.2018. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners herein have caused damages to defacto complainant's 5 HP Motor, rope and wires worth about Rs.40,000/- and also criminally intimidated the defacto complainant. She further submitted that Accused 1 and 2 were arrested and released on bail.

5. Though, the learned Additional Public Prosecutor has submitted that Accused 1 and 2 were arrested and released on bail, the order copy produced by the petitioners would show that this Court has granted Anticipatory bail to the Accused 1 and 2 in Crl.OP No.13134 of 2018 on 09.05.2018. However, taking into consideration the fact that the accused 1 and 2 were already released on bail, 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 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 II, Namakkal, 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: (i) if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not abscond either during investigation or trial.

(v) 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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 23/05/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, NAMAKKAL.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE PUDUCHATHIRAM POLICE STATION, NAMAKKAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.C.THANGARAJU Advocate on payment of necessary charges in SR.NO. 9387 CRL OP.13687/2018 Date :23/05/2018 MLT-24/05/2018