I.Kathiresan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.883 of 2018 1 I.KATHIRESAN 2 SHANU BATCHA 3 BENJAMIN FRANKLIN 4 BENNAT GNANARAJ 5 DANIEL 6 MUNUVEL RAJ ... PETITIONERS / ACCUSED Nos.1 to 6 Vs STATE THROUGH THE INSPECTOR OF POLICE KOVILPATTI EAST, THOOTHUKUDI DISTRICT (IN CRIME NO.18 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.MARIA VINOLA Advocate For Respondent : Mr.A.ROBINSON, 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 arrayed as A1 to A6, apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 147, 148, 294(b), 323, 307, 506(2) of IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.18 of 2018 on the file of the respondent Police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is Secretary of Tamil Baptist Mission Church Trust. The defacto complainant on knowing that one Radhakrishnan has rented the building which is owned by the Tirunelveli Tamil (strict) Baptist Trust Society, for the purpose of construction of hotel by receiving advance money, went along with his friends to consult his advocate. In the said circumstances, on 13.01.2018, the accused persons came to the place of occurrence with deadly weapons and accused No.1 assaulted the defacto complainant by throwing aruval, since the defacto complainant escaped from the cut of the said aruval, it damaged the bike. Hence, the defacto complainant has lodged a complaint before the respondent police.
3.The learned counsel appearing for the petitioners submitted
that the defacto complainant is the Secretary of Tamil Baptist Mission Church Trust. She further submitted that the first petitioner took a portion of the property for lease from another society by name Tirunelveli Tamil (strict) Baptist Trust Society. She further submitted that the defacto complainant gave a false complaint stating that the petitioners have caused damages to the properties and also attempted to commit murder. He further submitted that even as per the FIR no one sustained injury and the value of the property which was damaged also not mentioned and hence the offence under Sections 307 of IPC and Section 3 of TNPPDL Act will not be attracted. She further submitted that already civil suit was filed against the defacto complainant's father and the said suit was decreed in favour of Tirunelveli Tamil (strict) Baptist Trust Society and without respecting the said decree, the defacto complainant is frequently giving pinpricks to the tenants and hence according to her, it is a civil dispute and therefore prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate(Crl. Side) submitted that so far as the first petitioner is concerned 14 cases are pending against him and hence he strongly opposed to grant anticipatory bail to the first petitioner. So far as other petitioners are concerned, no case is pending against them. Further he has fairly conceded that in the said occurrence, no one has sustained any injury. He also conceded that only side mirror and seat cover of the motor cycle was damaged and value of the said damage has not been mentioned in the complaint.
5.By way of reply, the learned counsel for the petitioners has submitted that only three cases are pending against the first petitioner in Nalatimputhur Police Station and so far as other cases are concerned they were closed.
6.Considering the fact that already the civil suit was decreed against the father of the defacto complainant and also the fact that no one has sustained any injury and also the fact that only mirror and seat cover of the motor cycle has been damaged and the value of the said damage has not been mentioned in the complaint and also the fact that already all the cases were closed except 3 cases against the first petitioner, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, they 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.II, Kovilpatti 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 report before the respondent Police daily at 10.00 a.m. for a period of four 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 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/- 19/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, TUTICORIN 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE KOVILPATTI EAST, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.MARIA VINOLA Advocate SR.No.956 JAM/23/01/2018/CM-VR/ SAR 1/ 3P-6C
ORDER
IN CRL OP(MD) No.883 of 2018 Date :19/01/2018