Thangapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12474 of 2015 1 THANGAPANDI 2 THIRUCHUR PANDI 3 MURUGANATHAM 4 ESWARAN 5 THAVAM ... PETITIONERS/ACCUSED 1 TO 5 Vs STATE REP.BY THE INSPECTOR OF POLICE THEVATHANPATTI POLICE STATION, THENI DT ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.J.ASSOCIATES Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police in pursuance of the Non Bailable Warrant issued in P.R.C.No.12 of 2009 for the alleged offence punishable under Sections 147, 148, 427, 307, 435 IPC and Section 3 of Arms Act on the file of the learned Judicial Magistrate, Periyakulam, Theni District, and hence, seek anticipatory bail.

2.The learned counsel for the petitioners submitted that the respondent has filed a final report stating that the case is closed as 'mistake of fact' and thereafter, the defacto complainant has filed a protest petition, which was also dismissed by the learned Magistrate. Thereafter, the defacto complainant has filed a revision before the Sessions Court and as per the order of the Revisional Court, the matter was again taken and Non Bailable Warrant was issued. The learned counsel further submitted that the petitioners are innocents and they have been falsely implicated in this case.

3.The learned Government Advocate(Crl.side) appearing for the State submitted that Non Bailable Warrant was issued on 10.06.2015 against the https://hcservices.ecourts.gov.in/hcservices/ petitioners and the case in P.R.C.NO.12 of 2009 is posted on 09.07.2015.

4.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Periyakulam, Theni District, and on each of them executing a separate 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the said court on all hearings. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

5. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 06/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM,THENI DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE INSPECTOR OF POLICE THEVATHANPATTI POLICE STATION, THENI DT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.36395

ORDER

IN CRL OP(MD) No.12474 of 2015 Date :06/07/2015 PA/IV/08.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/