Vellaisamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2000 of 2015 1 VELLAISAMY 2 LAKSHMANAN 3 RAVI 4 RAMAIAH ... PETITIONERS / ACCUSED RANK NOT KNWON Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT, IN CR.NO.5 OF 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.5 of 2015, on the file of the respondent police for offences under Sections 147, 148, 149, 332 and 307 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 a 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 and Crl.O.P.(MD)No.1559 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 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.

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[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/- 10/02/2015 / 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 MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT. 5.THE OFFICER INCHARGE, THIRUTHANI TOWN POLICE STATION, THIRUTHANI.

+1. CC to M/S.E.BALASUBRAMANIAN Advocate SR.No.6055

ORDER

IN CRL OP(MD) No.2000 of 2015 Date :10/02/2015 rg.12.02.2015 2p.7c.

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