Panchavarnam v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1485 of 2018 1 PANCHAVARNAM 2 AKINIRAJ 3 VELUCHAMY @ VETRIVEL ... PETITIONERS/ ACCUSED NO.1,2&3 Vs THE STATE, REP.BY ITS, THE SUB INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT, IN CR.NO. 25/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.BASKARAN Advocate For Respondent : MR.A.ROBINSON, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1,A2 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 448, 294(b), 323, 420 and 506(i) IPC and under Section 4 of TN Prohibition of Harassment of Women Act 2002 in Crime No.25 of 2018, seek anticipatory bail.
2. The case of the prosecution is that by executing a promissory note, the defacto complainant's son had borrowed a sum of Rs.2,00,000/- from the 1st petitioner and also agreed to repay the same along with interest. After repeated demands made by the 1st petitioner on 24.01.2018, the petitioners and along with other accused went to the defacto complainant's house assaulted and threatened him with dire consequences and thereby caused injuries.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners have been falsely implicated in this case and prays for anticipatory bail.
4. The learned Government Advocate (Crl.side) appearing for the respondent submitted that the investigation is completed. 5.
The submission made by the learned counsel on either side are considered. It is alleged that during the time of occurrence, the petitioners unlawfully entered into the house of the defacto complainant and assaulted him. The offence under Sections 448, 294 (b), 323, 420 and 506(i) IPC and Sections 4 of TN Prohibition of Harassment of Women Act 2002 has been registered against the petitioners, in which, except Section 506(i) of IPC and Section 4 of TN Prohibition of Harassment of Women Act 2002, the other offences are bailable in nature.
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 on which the order copy is made ready, before the learned Judicial Magistrate, Vadipatti, on condition that the petitioners shall execute a bond for a sum of Rs.
(i) the petitioners shall report before the investigation officer, daily at 10.00 a.m., for a period of three weeks and thereafter as and when required for interrogation.
(ii)the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii)the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioners shall not commit any offence while on bail;
(iv)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 and the anticipatory bail granted stands cancelled automatically.
sd/- 31/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SMI TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.A.BASKARAN Advocate SR.No.1681 GJM/RR/SAR-3-7.2.18-3P-6C
ORDER
IN CRL OP(MD) No.1485 of 2018 Date :31/01/2018