Muthan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.1092 & 1093 of 2015 1 MUTHAN 2 MATHI @ MATHUMATHI 3 LAKSHMANAN 4 MARIMUTHU 5 R.MARIMUTHU 6 MANIMUTHU 7 PALANIVELU 8 MURUGESAN ... PETITIONERS IN CRL OP(MD)NO.1092/2015 1 MUTHAN 2 MATHI @ MATHUMATHI 3 LAKSHMANAN 4 MARIMUTHU 5 R.MARIMUTHU 6 DHANASEKARAN 7 KUMARESAN 8 MANIMUTHU 9 MUTHURAJ 10 CHELLADURAI 11 AYYA @ MUTHIAH 12 RAVI 13 LAKSHMANAN 14 PALANIVELU 15 RAMAKONAR 16 RAMACHANDARAN 17 MATHI ALAGAN 18 RAMAKRISHNAN 19 NALLA THAMBI 20 MURUGESAN 21 PALANIVEL 22 MANIMUTHU 23 RADHIKA 24 SEETHALAKSHMI 25 VALLI 26 JOTHI 27 PAPA ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD).1093/2015 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE MALAIYOOR POLICE STATION, PUDUKKOTTAI DISTRICT.
CR. NO.5 & 3/2015. ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS
For Petitioner : M/S.N.MARIAPPAN Advocate IN BOTH PETITIONS For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) IN BOTH PETITIONS 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 alleged offences punishable under Sections 147, 148, 149, 332 and 307 of Indian Penal Code r/w 3(1) of TNPPDL Act in Crime No.5 of 2015 [Crl.O.P.(MD)No.1092 of 2015] and 147, 148, 149, 294(b), 323, 324, 427, 506(ii) of Indian Penal Code r/w Section 3 of TNPPDL Act in Crime No.3 of 2015 [Crl.O.P.(MD)No.1093 of 2015] on the file of the respondent police, seek anticipatory bail.
2. It is the case of the prosecution that all these accused belong to a particular Village and there was a group clash amongst the same community members. In that clash, it is alleged that they have damaged the vehicle of the Deputy Superintendent of Police and caused damage of Rs.5,000/-.
3. Taking into consideration the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 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, Alangudi, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees ten thousand only) with one surety 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: [a] the petitioners in Crl.O.P.(MD)No.1092 of 2015 and petitioner Nos.1 to 22 in Crl.O.P.(MD)No.
1093 of 2015 shall reside at Suseendram and sign before the Suseendram Police Station twice a day at 10:30 a.m., in the morning and 06:30 p.m., in the evening for a period of four weeks and thereafter, as and when required for interrogation. The petitioner Nos.23 to 27 in Crl.O.P.(MD)No.1093 of 2015, being ladies, shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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]. sd/- 28/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKOTTAI DISTRICT 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3 THE SUB INSPECTOR OF POLICE MALAIYOOR POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE INSPECTOR OF POLICE, SUSEENDRAM POLICE STATION, SUSEENDRAM 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.N.MARIAPPAN Advocate SR.Nos.3810 & 3811.
ORDER
IN CRL OP(MD) Nos.1092 & 1093 of 2015 Date :28/01/2015 NA/29/01/2015/P3/7C