Madras High CourtCRL OP(MD)/6938/2019ordered

Bala Alias Pathinettam v. The Inspector Of Police

2019-05-15Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of May Two Thousand Nineteen PRESENT The Hon'ble Mr.Justice B.PUGALENDHI CRL OP(MD) No.6938 of 2019 1 BALA @ PATHINETTAM PANDIYAN 2 SARAVANAN A@ SATHIS 3 MARUTHU PANDI @ MARUTHU PANDIYAN 4 KARTHIK 5 BOOMINATHAN ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY ITS, THE INSPECTOR OF POLICE, MANAMADURAI SIPCOT POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO. 66 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.SIVA RAMA KRISHNAN, 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/accused rank known, who apprehend arrest at the hands of the respondent Police, in connection with Crime No.

66 of 2019, for the offence punishable under Sections 147, 294(b), 323,324,506(ii) and 379(NH) of IPC, seek anticipatory bail. 2.Heard Mr.M.Sivarama krishnan, learned Counsel for the petitioners and Mr.Robinson, learned Government Advocate (Crl., side) appearing for the State.

3.The case of the prosecution is that due to money dispute, the petitioners along with others abused the de facto complainant, attacked him and threatened with dire consequences, thereby the de facto sustained injuries. Hence, the complaint.

4.The learned counsel for the petitioners submitted that except the offence punishable under Sections 379(NH) and 506(ii) IPC, all other offences are bailable in nature and according to him, the victim was also discharged from hospital.

5.The learned Government Advocate (Crl. Side), on instruction, from the respondent Police confirmed that the victim has been discharged from the hospital. The learned Counsel further submitted that there is no previous case against the petitioners. 6.Considering the non-bailable offences are Sections 379(NH) and 506(ii) IPC, the victim has been discharged from the hospital. The alleged theft is in the course of their quarrel and the petitioner is not a habitual offender. This Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.

7.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 on which the order copy was made ready before the learned Judicial Magistrate Manamadurai, on condition that the petitioners shall execute a separate 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 respondent Police and on further conditions that:- [a] the petitioners as well as the sureties shall submit a copy of their Aadhar card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds;

[b] the petitioners shall report before the respondent police daily at 10.30 a.m, until further orders; [c] the petitioners shall not tamper the evidence or witness either during investigation or trial;

[d] the petitioners shall co-operate for the investigation and the trial. The petitioners shall not abscond either during investigation or trial and in event of the petitioners absconds, the respondent police shall register a case as provided under Section 229-A IPC;

[e] in the event of breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate action against the petitioners, as per the principles laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. Sd/- 15/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT.

2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE MANAMADURAI SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.M.SIVA RAMA KRISHNAN Advocate SR.No.8413

ORDER

IN CRL OP(MD) No.6938 of 2019 Date :15/05/2019 ES/JC/SAR 1/22.05.2019/3P/6C