Ramsamy Konar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1559 of 2015 1 RAMSAMY KONAR 2 MOHAN 3 PANDIAN 4 CHINRAJ 5 KODEESWARAN 6 KILINDON 7 KUMARESAN ... PETITIONERS/ACCUSED NO.9 TO 15 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DT, CRIME NO.5/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.E.BALASUBRMANIAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.5 of 2015, on the file of the respondent police for offences under Sections 147, 148, 149, 332 and 307 of the Indian Penal Code read with Section 3(1) of TNPPDL Act, the petitioners are now before this Court seeking Anticipatory Bail.
2. The case of the prosecution is that during pongal festival, it is alleged that these petitioners have clashed with the rival group. This is a case and counter and counter case is in Crime No.3 of 2015.
3. It is represented by the learned Government Advocate (crl. Side) that the injured have been discharged from the hospital.
4. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.
5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Alangudi, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two https://hcservices.ecourts.gov.in/hcservices/
sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioners shall stay at Tiruthani and report before the Thiruthani Police Station every day twice at 10.30 a.m. and 6.30 p.m. for a period of three weeks and thereafter as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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]. [e] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether these petitioners are complying with the order or not.
sd/- 30/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT 3 THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DT, 4 THE INSPECTOR OF POLICE, THIRUTHANI POLICE STATION THIRUTHANI 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.E.BALASUBRMANIAN Advocate SR.No.4154
ORDER
IN CRL OP(MD) No.1559 of 2015 Date :30/01/2015 NA/02/02/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/