Adaikkan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.542 of 2019 1.ADAIKKAN 2 CHELLAN @ CHINNA CHELLAN 3 KANNAN 4 MUTHU LAKSHMI ... PETITIONER / ACCUSED Nos.1 to 5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE VADA MADURAI POLICE STATION, DINDIGUL DISTRICT.
(IN CRIME NO. 173 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR. S. MAHENDRAPATHY Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,294(b),323,354, 506(ii) of IPC in Cr.No.173 of 2018 seek anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel the petitioners abused the defacto complainant and threatened with dire consequences.
3. The learned counsel appearing for the petitioners would submit that the petitioners were already granted anticipatory bail by this Court in Crl.O.P(MD) No.7232 of 2018 dated 28.04.2018. since the petitioners did not execute sureties within the stipulated time, this petition has been filed.
4. The learned Government Advocate (Criminal Side) would submit that the petitioners were already granted anticipatory bail in Crl.O.P(MD) No.7232 of 2018 dated 28.04.2018.
5. Taking into consideration the facts of the case and the submissions by learned counsels, this Court inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Vedasandur, Dindigul District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that:
[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent police as and when required for interrogation [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3.THE INSPECTOR OF POLICE VADA MADURAI POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR. S. MAHENDRAPATHY Advocate SR.No.806
ORDER
IN CRL OP(MD) No.542 of 2019 Date :11/01/2019 AE/PN/SAR2/21.01.2019/3P/6C