Sudhagaran, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 17/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8358 of 2019

1. Sudhagaran

2. Ragul

3. Duraisamy

4. Rasu ... Petitioners/Accused No.1 to 3 & 5 Vs The state represented by, The Inspector of Police, Sv Mangalam Police Station, Sivagangai District.

Crime No.79 of 2019. ... Respondent/Complainant For Petitioners : M/s.A.Sivaji, Advocate.

For Respondent : Mrs.M.Anantha Devi, Govt.Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For anticipatory bail in cr.no.79 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC, seek anticipatory bail.

2.Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners are arrayed as Accused Nos.1 to 3 and

5. He further submitted that due to previous enmity between the parties, a false case has been foisted against the petitioners. He further submitted that A-4 was already arrested and remanded to judicial custody and no previous case is pending against the petitioners herein. Hence, he prayed for granting anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor has submitted that totally there are five accused in this case and similar type of case

is pending against the first petitioner. He further submitted that A-4 was already arrested and remanded to judicial custody. Hence, he strongly opposed this petition. However, he fairly conceded that no previous case is pending against the petitioners 2 to 4. 5.Taking into consideration of the fact that similar type of case is pending against the first petitioner and no previous case is pending against the petitioners 2 to 4, this Court is inclined to grant anticipatory bail to the petitioners 2 to 4 with certain conditions. In respect of the first petitioner, this Court is not inclined to grant anticipatory bail to him. Accordingly, this petition is dismissed in respect of the first petitioner. 6.

Accordingly, the petitioners 2 to 4 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, Thiruppathur, Sivagangai District and the petitioners 2 to 4 shall execute a bond for a sum of Rs.

[a]the petitioners 2 to 4 shall report before the respondent police, daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation.

[b]the petitioners 2 to 4 shall not tamper with evidence or witness either during investigation or trial. [c]the petitioners 2 to 4 shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE THIRUPPATHUR, SIVAGANGAI DISTRICT 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE SV MANGALAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.A.SIVAJI Advocate SR.No.9863

ORDER

IN CRL OP(MD) No.8358 of 2019 Date :17/06/2019 SJI PK/VR/SAR-2/24.06.2019 : 3P/6C