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Madras High CourtCRL OP(MD)/2337/2020granted

Packiaraj v. The Inspector Of Police

2020-02-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). Nos.2337 and 2339 of 2020

1. Packiaraj,

2. Palanisamy,,

3. Sivakumar,

4. Kanagavalli,

5. Gandhimathi,

6. Padmini,

7. Chitra,

8. Jeyakodi,

9. Sankar,

10. Chinnasamy,, ... Petitioners/Accused Nos.1 to 10 in Crl.O.P.(MD)No.2337 of 2020 1.Iyyappan 2.Rengasamy 3.Palaniammal 4.Govindammal ... Petitioners / Accused Nos. 1 to 4 in Crl.O.P.(MD)No.2339 of 2020 Vs State represented by The Inspector of Police, Vaiyampatti Police Station, Trichy District Crime Nos.16 and 18/2020.

... Respondent/Complainant For Petitioners : M/s.S.Gopalamanikandan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.K.Neethimohan, Advocate (in both Crl.O.Ps.) 1/3

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- for Anticipatory bail in Crime Nos.16 and 18 of 2020 on the file of the respondent police.

COMMON ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioners in Crl.O.P.(MD)No.2337 of 2020 apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 427, 294(b), 323 and 506(2) of I.P.C., in Crime No.18 of 2020 on the file of the respondent police, seek anticipatory bail.

3.The petitioners in Crl.O.P.(MD)No.2339 of 2020 apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324 and 506(2) of I.P.C., in Crime No.16 of 2020 on the file of the respondent police, seek anticipatory bail.

4.It appears that clashes are repeatedly breaking out between the two families.

5.The petitioner's counsel gives an undertaking that the petitioners will keep peace hereafter. The petitioner's counsel also undertake to take a demand draft for a sum of Rs.10,000/- favouring the defacto complainant Raj. The said demand draft will be enclosed along with the surrender petition. The Court below will hand over the said demand draft to the defacto complainant Raj through the respondent police. This will be a non refundable payment and without prejudice to the petitioner's defence in the trial. 6.Recording the petitioner's undertaking, anticipatory bail is granted to the petitioners herein.

7.The petitioners also give an undertaking that they will on their own voluntarily execute the bond and not challenge the proceedings under Section 107 of Cr.P.C.

8. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manaparai, Trichy District, and on their executing a own bond each for a sum of Rs.10,000/- (Rupees Ten thousand only) and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 2/3

9. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

10. since as many as four FIR have been registered in a fixed succession in order to maintain peace in the locality, the respondent police is directed to place a proposal before the jurisdictional Executive Magistrate for taking a bond from all the accused in all the four cases that they will keep peace. sd/- 11/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MANAPARAI, TRICHY DISTRICT.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.S.GOPALAMANIKANDAN, Advocate ( SR-2939[I] dated 12/02/2020 ) +1 CC to M/s.K.NEETHI MOHAN, Advocate ( SR-2957[I] dated 12/02/2020 )

ORDER

IN CRL OP(MD) No.2337 of 2020 Date :11/02/2020 rmi MS/VR/SAR-III (14.02.2020) 3P 7C 3/3