Chithiraipandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2464 of 2018 1 CHITHIRAIPANDI 2 KARUNAKARAN 3 AMUTHA ... PETITIONERS/ACCUSED NO.1,3 &4 Vs STATE, REP.BY THE INSPECTOR OF POLICE THATARMADAM POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO.8 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.R.ANBARASU 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, A3 & A4, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) of IPC., r/w Section 3 of TNPPDL Act, in Crime No.8 of 2018, seek anticipatory bail.

2. The case of the prosecution is that on 01.02.2018, the defacto complainant constructed a compound wall in his land, at the time, the petitioner and another accused demolished the compound wall worth about 3,500/-, due to which there was a wordy quarrel arose between them. Thereby, the petitioners abused the defacto complainant by using filthy language and threatened him with dire consequences. Hence, the case has been registered against the petitioners for the above said incident.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have not committed 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 nobody was injured during the time of occurrence. He further submitted that the investigation is in progress.

5. The submissions made by the learned counsels appearing for either side are considered. According to the prosecution, nobody was injured during the time of 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, Sathankulam, Thoothukudi District, 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 deposit a cost of Rs.3,500/- to the credit of Crime No.

8 of 2018, on the file of the learned Judicial Magistrate, Sathankulam, Thoothukudi District; (ii) the petitioners shall report before the respondent police daily at 10.00 a.

(v) 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/- 16/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pjl TO 1 THE JUDICIAL MAGISTRATE SATHANKULAM, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE THATARMADAM POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.R.ANBARASU Advocate SR.No2604 GJM/RR/SAR-3-26.2.18-3P-6C

ORDER

IN CRL OP(MD) No.2464 of 2018 Date :16/02/2018