M. Manikandan v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1396 of 2019 1 M. MANIKANDAN 2 M. GANDHIMATHI ... PETITIONERS/ACCUSED Vs STATE THROUGH, THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI CITY.
CRIME NO.2000/2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.A.ALEXANDER, Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323,427,448 and 506(i) of IPC in Cr.No.2000 of 2018 seek anticipatory bail.
2. The case of the prosecution is that the petitioners trespassed into the house of the defacto complainant and caused damage to the TV and attacked the defacto complainant with hand and threatened her with dire consequences and abused with filthy languages.
3. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case and they have nothing to do with the alleged offence.
4. The learned Government Advocate(Crl.Side) would submit that it is the case of family dispute and investigation is pending.
5. Taking into consideration the facts of the case and the submissions by learned counsels ,this Court inclined to grant anticipatory bail to the petitioners.
https://hcservices.ecourts.gov.in/hcservices/
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.VI,Madurai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent police as and when required for interrogation [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 30/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.A.ALEXANDER, Advocate SR.No.1814
ORDER
IN CRL OP(MD) No.1396 of 2019 Date :30/01/2019 AAV PK/VR/SAR-1/05.02.2019: 2P/6C https://hcservices.ecourts.gov.in/hcservices/