Palaninathan @ Sonai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1380 of 2018 1 PALANINATHAN @ SONAI 2 THAVASI 3 JEGANATHAN 4 HARI 5 VIJAYA RAMALINGAM ... PETITIONERS / ACCUSED Rank Not Known Vs THE STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.2/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.SIVA RAMAKRISHNAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) 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 offence punishable under Sections 147, 294 (b), 323, 435, 436, 354(A) & 506(ii) of IPC r/w Section 3 of TNPPDL Act in Crime No.2 of 2018, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioners went to the de facto complainant's house and abused him by using filthy language and assaulted him with hands and also damaged the property worth about Rs.1,20,000/-. Hence, the present complaint has been registered against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.
He further submitted that the petitioners have not committed any offence as alleged by the prosecution and they are no way connected with the offences, and pleads for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.side) submitted that no one sustained injury in the alleged occurrence. According to him investigation is still pending.
5.The submissions made by the learned counsel on either side
are considered. It is alleged that due to love affairs between one Pasumpon and one Vidya, the relatives of the said Vidya wrongfully entered into the de facto complainant's house and damaged the properties worth about Rs.1,20,000/-. Admittedly, the petitioners are the first offender and no one sustained injuries in the alleged occurrence. Accordingly, custodial interrogation is not necessary for completing investigation.
7.Taking the above said aspects into consideration and having regard to the nature of offence committed by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain stringent conditions. Accordingly, they 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, Muthukulathoor, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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) the petitioners shall report before the K.Puthur Police Station, Madurai daily at 10.00 a.m. until further orders.
(ii) each of the petitioner is directed to deposit a sum of Rs. 25,000/- to the credit of Crime No.2 of 2018 before the learned Judicial Magistrate, Muthukulathoor.
(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 anticipatory bail granted to the petitioners shall stand automatically cancelled and 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/- 30/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHOOR, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE INSPECTOR OF POLICE, K.PUTHUR POLICE STATION, MADURAI +1. CC to Mr.S.JEYAKARTHIK, Advocate SR.No.1637 GNS JAM/07/02/2018/CM-VR/ SAR 1 / 3P-7C
ORDER
IN CRL OP(MD) No.1380 of 2018 Date :30/01/2018