Manikandan, 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.7583 of 2019 MUTHU MANIKANDAN KARUPPASAMY ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.
CRIME NO.81 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.KRISHNAN Advocate For Respondent : MR.R.ANANDARAJ, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused No.1 & 2, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353, 427 and 506(ii) IPC, in Crime No.81 of 2019, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioners abused the defacto complainant by using the filthy language and they caused damage to the two wheeler of the defacto complainant. Hence the complaint.
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 Additional Public Prosecutor would submit that the petitioners caused damage to the two wheeler of the defacto complainant and the investigation is still pending. 5.To this, the learned counsel appearing for the petitioners would now submit that each of the petitioners is willing to deposit a sum of Rs.2,000/- [Rupees Two Thousand only] towards the cost of damages.
6.The submissions made by the learned counsel appearing on either side are considered. It is alleged that due to the previous
enmity, the petitioners caused damage to the defacto complainant's two wheeler. However, in a case registered against the petitioners, except the offence under Section 506 (ii) IPC, all other offences are bailable in nature. Hence, custodial interrogation of the petitioners is not necessary for completing the investigation. So, on considering the above facts and circumstances of the case and particularly, on considering the fact that each of the petitioners is willing to deposit a sum of Rs.2,000/- towards the cost of damaged articles, this Court is inclined to grant anticipatory bail with some 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 of receipt of a copy of this order, before the Judicial Magistrate Court, Sathankulam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, 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 conditions that: (I) Each of the petitioners shall deposit a sum of Rs.2,000/- [Rupees Two Thousand only] to the credit of Crime No.81 of 2019 on the file of the respondent police;
(ii) 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; (iii) the petitioners shall appear before the Tirunelveli Town Police Station, Tirunelveli District, daily at 10.00 a.m., for a period of one month and thereafter as and when required for interrogation;
(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(v) the petitioners shall co-operate for the investigation and the trial. The petitioners shall not abscond either during investigation or trail and in event of the petitioners abscond, the respondent police shall register a case as provided under Section 229-A IPC; (vi) 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, SATHANKULAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.
3 THE INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE INPSECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.KRISHNAN, Advocate ( SR-8950[I] dated 30/05/2019 )
ORDER
IN CRL OP(MD) No.7583 of 2019 Date :29/05/2019 JM/PN/SAR 2/04.06.2019/3P/7C