Sudha v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1819 of 2015 1 SUDHA,W/O.MANIMUTHU 2 MANI 3 MUTHU 4 RAJAMMAL 5 PANDIMEENA 6 RAJAKUMARI 7 NATHIYA 8 PAVALAKODI 9 PAPPATHI 10 SUDHA, W/O. RAMAKRISHNAN 11 SUGANYA 12 SUBASHINI 13 MARIKANNI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE MALAIYOOUR POLICE STATION, PUDUKKOTTAI DT.

CR.NO.3 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.N.MARIAPPAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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.3 of 2015, on the file of the respondent police for offences under Sections 147, 148, 149, 294(b), 323, 324, 427 and 506(ii) of the Indian Penal Code r/w 3(1) of TNPPDL Act, the petitioners are now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that these petitioners had quarreled with the rival group belonging to the same community during the Pongal festivities, while worshipping in the Village Temple.

3. It is represented by the learned Government Advocate (crl. Side) that this Court granted anticipatory bail to the co-accused in Crl.O.P. (MD) No.1092 of 2015. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.

4. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Alangudi, Pudukottai District, on executing https://hcservices.ecourts.gov.in/hcservices/

a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety 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 report before the respondent police 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].

sd/- 03/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE ALANGUDI, PUDUKOTTAI DISTRICT. 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUB INSPECTOR OF POLICE MALAIYOOUR POLICE STATION, PUDUKKOTTAI DISTRICT. +1. CC to M/S.N.MARIAPPAN Advocate SR.No.4862

ORDER

IN CRL OP(MD) No.1819 of 2015 Date :03/02/2015 RG.05.02.2015 2P.6C.

https://hcservices.ecourts.gov.in/hcservices/