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Madras High CourtCRL OP(MD)/1900/2015ordered

Lakshmanan v. The Sub Inspector Of Police

2015-02-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.1900 of 2015 1 LAKSHMANAN 2 RENGASAMY 3 PERUMAL 4 MUTHALU 5 SELVARASU 6 THIRUPPATHY 7 RAMAN 8 THANGARASU 9 RAMAIAH 10 DURAIRAJ 11 GOVINDARASU 12 MUTHUKANNU KONAR 13 SUBBIAH 14 LAKSHMANAN 15 KARUPPIAH 16 VENKATACHALAM 17 MATHI 18 PERUMAL ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT. CR. NO.4/2015. RESPONDENT/COMPLAINANT For Petitioner : M/S.E.BALASUBRAMANIAN 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.4 of 2015, on the file of the respondent police for offences under Sections 147, 148, 149, 294(b), 323, 324, 427, 436 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.929 of 2015 and Crl.O.P.(MD)Nos.1252 and 1254 of 2015 Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions. https://hcservices.ecourts.gov.in/hcservices/

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 days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Alangudi, Pudukottai District, on executing 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 stay at Thiruthani and report before the Thiruthani Town Police Station every day twice at 10.30 a.m. and 6.30 p.m. for a period of three weeks and thereafter 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].

[e] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl. Side), whether these petitioners are complying with the order or not. sd/- 04/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKOTTAI DISTRICT. 2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3. THE INSPECTOR OF POLICE, THIRUTHANI TOWN POLICE STATION, THIRUTHANI.

4. THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.E.BALASUBRAMANIAN Advocate SR.No. 5141 SR : 06.02.2015 : 2p/7c

ORDER

IN CRL OP(MD) No.1900 of 2015 Date :04/02/2015 https://hcservices.ecourts.gov.in/hcservices/