Muthukrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.633 of 2018 1 MUTHUKRISHNAN 2 SIVAGNANAM 3 PECHIAMMAL 4 SANKARAMMAL ... PETITIONERS / ACCUSED Nos.1,3 to 5 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT , (CRIME NO. 489/2017) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.V.MALAIYENDRAN Advocate For Respondent : Mr.A.RABINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A.1, A.3, A.4 & A.5, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353 and 506(ii) I.P.C, in Crime No.489 of 2017 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners along with other accused transported Odai sand without getting any permission from the appropriate authority.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Criminal Side) submitted that the petitioners along with other accused transported one unit of Odai sand and further submitted that the investigation is still pending.
5.The submissions made by the learned counsel appearing on
either side are considered. It is alleged that during the time of occurrence, the petitioners transported Odai sand without getting any permission from the appropriate authority. Further, as against the petitioners 3 and 4, the defacto complainant levelled allegation that they restrained them from to do the duty. However, considering the nature of offence committed by the petitioners, custodial interrogation of the petitioners is not necessary for completing the investigation.
6.Taking note of all the abovesaid aspects into consideration and having regard to the nature of offence, 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 No.III, Thoothukudi, 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 to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioners shall report before the respondent police daily at 10.00 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(iii) the petitioners shall not abscond either during investigation or trial;
(iv) 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 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/- 12/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III THOOTHUKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 3 THE INSPECTOR OF POLICE PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.V.MALAIYENDRAN Advocate SR.No.695 JAM/18/01/2018/RR/ SAR 1 / 3P-6C
ORDER
IN CRL OP(MD) No.633 of 2018 Date :12/01/2018