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Madras High CourtCRL OP(MD)/8991/2019ordered

Nainarali, v.

2019-06-27Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 27/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.8991 of 2019

1. Nainarali

2. Muthumeeran

3. Rajamohamed

4. M.Eliyas

5. Mohamed Ali

6. Shajahan

7. Ibramsa @ Ifrahim

8. Abdul Rahuman

9. Shettu Mohamed @ Akbar Shettu Mohamed

10. Shek Abdulla @ Shek,

11. Sirajudeen ... Petitioners/Accused No.1 to 3,5 to 12 Vs State represented by, Sub Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

Cr.No.114 of 2019 ... Respondent/Complainant For Petitioners : M/s.S.Muthukumar, Advocate.

For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.114 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 offences punishable under Sections 147,186,353,286 and 506(ii) of IPC seek anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the above case. He would further submit that no previous case is pending against the petitioners. He would also submit that even as per the First Information Report, the accused parties went to bury the dead body of one Yasmeen in their patta land, the complainant party objected the same even though the said land belongs to the accused party. Hence he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate(Crl.Side) has submitted there was some dispute regarding burial of dead body. Hence she opposed to grant anticipatory bail to the petitioners. However she fairly conceded that the accused party went to bury the dead body of one Yasmeen in their patta land only and no previous case is pending against the petitioner.

5. Taking into consideration the facts and circumstances of the case and also considering the fact that no previous case is pending against the petitioners and also the fact that the accused party went to bury the dead body of the said Yasmeen in their own patta land, this Court is inclined to grant anticipatory bail to the petitioners.

[6] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Devakottai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten 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: [a] if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

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

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 27/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

3.THE SUB INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.10715

ORDER

IN CRL OP(MD) No.8991 of 2019 Date :27/06/2019 AAV PK/PN/SAR-4/02.07.2019 : 3P/6C