Palanisamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.14004 of 2014 1 PALANISAMY 2 DHANAPACKIYAM 3 DHANASEKARAN ... PETITIONER(S) / ACCUSED 2 TO 4 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DIST, CR.NO.186/2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.R.KANNAN Advocate For Respondent : Mr.A.P.Balasurbramani 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 an alleged offence punishable under Sections 147,294(b),506(i), 379(NP) and 427 of IPC in Crime No.186 of 2014, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondents. The investigating Officer is also present.

3. The case of the prosecution is that the petitioners had damaged the pipelines and motor line of the water motor of the defacto complainant, worth about Rs.1,00,000/-.

4. The learned counsel for the petitioners submitted that the petitioners are the adjacent land owners and on account of the dispute the complaint has been lodged.

5. Considering 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 District Munsif Cum Judicial Magistrate, Vedasanthur on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like https://hcservices.ecourts.gov.in/hcservices/

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 1 and 3 shall report before the respondent police daily at 10.30 a.m. and 6.30 p.m for a period of two weeks and thereafter as and when required for interrogation. The 2nd petitioner / Dhanapackiyam being lady shall appear before the respondent police as and when required for interrogation.

[b] Each of the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each before the above said Magistrate. [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/- 06/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL DISTRICT.

2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRTICT.

+1. CC to M/S.R.R.KANNAN Advocate SR.No. 225. TS/08.01.2015/2P-6C

ORDER

IN CRL OP(MD) No.14004 of 2014 Date :06/01/2015 https://hcservices.ecourts.gov.in/hcservices/