Prabhakaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2161 of 2018 1 PRABHAKARAN 2 MUTHULAKSHMI 3 P.SUMITHRA DEVI ... PETITIONERS/ ACCUSED 1 TO 3 Vs THE STATE BY THE INSPECTOR OF POLICE KEERANUR POLICE STATION, DINDIGUL DISTRICT (CRIME NO.24 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.D.VENKATESH 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 to A3, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 427 and 506(ii) of IPC., in Crime No.24 of 2018, seek anticipatory bail.
2. The case of the prosecution is that due to the dispute regarding the enjoyment of the common property between the petitioners and the defacto complainant, the petitioners damaged the pipes erected in the disputed land, when the same was questioned by the defacto complainant, the petitioners abused the defacto complainant by using filthy language and threatened with dire consequences. Hence, the case has been registered against the petitioners for the above incident.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution and they are no way connected with the alleged occurrence. He
further submitted that the petitioners have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners.
4.
The learned Government Advocate (Criminal Side) appearing for the respondent on instructions, would submit that no one was injured in the said occurrence. He further submitted that the investigation is in progress.
5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that during the time of occurrence, due to the dispute with regard to the enjoyment of the common property, the petitioners made wordy quarrel with the defacto complainant.
According to the prosecution, nobody was injured during the time of alleged occurrence. Further, except Section 506 (ii) IPC, all the other petition mentioned offences are bailable in nature. Accordingly, custodial interrogation may not be 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, Palani, 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 respondent police 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 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 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/- 12/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PJL TO 1 THE JUDICIAL MAGISTRATE, PALANI 2 THE CHIEF JUDICIAL MAGISTRATE, DINDINGUL DISTRICT. 3 THE INSPECTOR OF POLICE KEERANUR POLICE STATION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.VENKATESH Advocate SR.No.2341 GJM/PM/PN/SAR4-3P-6C
ORDER
IN CRL OP(MD) No.2161 of 2018 Date :12/02/2018