Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1692 of 2018 1 RAJESH 2 MANICKAM 3 GABRIEL SELVAKUMAR 4 SAMUEL 5 MANICKARAJ 6 JEYAPAUL 7 GNANARAJ @ KUTTY ... PETITIONERS/ACCUSED No.1 to 7 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT, IN CRIME NO. 5/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.T.A.EBENEZER 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/A1 to A7, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323 of I.P.C., and Section 3 of TNPPDL Act, in Crime No.5 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the petitioners damaged the Vivekanandar Photo and flag stand. Hence, the case has been registered for the above said incident.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they are no way connected with the offence, as alleged by the prosecution and prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the investigation is still pending.

5. The submissions made by the learned counsel appearing on either side are considered. It is alleged that during the time of occurrence, the petitioners damaged the Vivekanandar Photo and flag stand. So, considering the nature of offence committed by the petitioners, custodial interrogation of the petitioners is not necessary for completing the investigation. Therefore, considering the above facts and circumstances, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sattankulam, on condition that each of the petitioners shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the respondent police daily at 10.00 a.m., until further orders;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioners shall not abscond either during investigation or trial;

(iv) 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 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/- 05/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pjl TO 1 THE JUDICIAL MAGISTRATE, SATTANKULAM 2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.A.EBENEZER Advocate SR.No.1923

ORDER

IN CRL OP(MD) No.1692 of 2018 Date :05/02/2018 SMA/PM-PN/SAR-4/13.02.2018:3P/6c