Madras High CourtCRL OP(MD)/2167/2018ordered

Muniyasamy v. The Sub Inspector Of Police

2018-02-12Honourable Mr Justice R. Pongiappan3 pages

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.2167 of 2018 MUNIYASAMY ... PETITIONER/ACCUSED No.9 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM DISTRICT, IN CRIME NO.155/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND 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 petitioner/Accused No.9, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 336 and 506(ii) of IPC., in Crime No.155 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that due to the property dispute, the petitioner and other accused entered into the house of the defacto complaiant and brutally assaulted the defacto complainant and caused injuries. Hence, the present case has been registered against the petitioner and other accused for the above said incident.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he is no way connected with the alleged offence and pleads for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 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, claiming right over the disputed property, the petitioner and 18 other accused joined together and made criminal intimidation and also assaulted the defacto complainant, thereby, he sustained simple injuries. However, the alleged occurrence was happened in the year 2015. As of now, after completion of investigation, final report has been filed by the respondent police. Further all other accused involved in this offence were granted anticipatory bail by this Court. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, on condition that the petitioner 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 petitioner shall report before the Court concerned, daily at 10.30 a.m.

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

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

(iv) on breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 12/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE SUB INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.ANAND Advocate SR.No.2482

ORDER

IN CRL OP(MD) No.2167 of 2018 Date :12/02/2018 SMA/RR-CSL/SAR-4/15.02.2018:3P/6c