N.Vigneshwaran v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7520 of 2019 1 N.VIGNESHWARAN 2 J.SANTHA LAKSHMI 3 N.BALAKRISHANAN ... PETITIONERS / ACCUSED 1 TO 3 Vs STATE REP. BY THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

(CRIME NO.417/2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.AK.AZAGARSAMI Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) For Intervener : MR.C.VAKEESWARAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b) and 506(i) of IPC in Crime No.417 of 2019, seek anticipatory bail. 2.The case of the prosecution is that on 31.01.2019, the petitioners threatened the defacto complainant. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons, they did not commit any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) would submit that the investigation of the case is still pending. 5.The submissions made by the learned counsel appearing on either side are considered.

6.It is alleged that during the time of occurrence, the petitioners threatened and frustrated the defacto complainant to withdraw the complaint, which was lodged by the same defacto complainant. However, except 506(i) I.P.C, all other offences registered against the petitioners are bailable in nature. Hence, custodial interrogation of the petitioners may not be necessary for completing the investigation.

In the said circumstances, considering the fact that the offence is related to the family of the defacto complainant, this Court is inclined to grant anticipatory bail with some stringent conditions to the petitioners.

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 of receipt of a copy of this order, before the learned Judicial Magistrate, No.VI, Madurai, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) 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. ii) the petitioners shall stay at Thiruvannamalai and appear before the Thiruvannamalai Town Police Station daily at 10.00 a.m until further orders.

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioners shall co-operate for the investigation and the trial. The petitioners shall not abscond either during investigation or trial and in the event of the petitioners abscond, the respondent police shall register a case as provided under Section 229-A I.P.C.

(v) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].

sd/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

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

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-8904[I] dated 30/05/2019 ) COPY TO:

THE INSPECTOR OF POLICE, THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI.

ORDER

IN CRL OP(MD) No.7520 of 2019 Date :29/05/2019 JM/VR/SAR 4/03.06.2019/3P/7C