Palanivel, S/O.Ramakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2282 of 2019 1 PALANIVEL 2 GOVINDARAJ 3 KRISHNAN 4 MUNIYASAMY 5 RAJAMANI ... PETITIONERS / ACCUSED No. 1 to 5 Vs THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMNAD DISTRICT.

CRIME NO.18 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioners : MR.R.ANAND Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are apprehending arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC in Cr.No.18 of 2019, on the file of the respondent police, seek anticipatory bail. 2.It is the case of the prosecution that there was a dispute in between the petitioners and the defacto complainant with regard to the conduct of meeting for temple festival and that the petitioners assaulted the defacto complainant and also threatened him with dire consequences, for which, the police was registered a case and counter case was also registered.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocent person. He would further submit that in fact, the petitioners herein gave first complaint and the defacto complainant's complaint is second one and hence, he would pray for anticipatory bail to the petitioners.

4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that the injured person has already been discharged from the hospital and that investigation is pending. 5.Considering the facts and circumstances of the case and considering the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 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, Thiruvadanai, Tirunelveli District on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police as and when required;

(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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE THIRUVADANAI, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT

3 THE INSPECTOR OF POLICE THONDI POLICE STATION, RAMNAD DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.R.ANAND Advocate SR.No.3279

ORDER

IN CRL OP(MD) No.2282 of 2019 Date :18/02/2019 MSI/PN/SAR-III/20.02.2019-3P/6C