M.A.S.N. Navamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2200 of 2015 1 M.A.S.N. NAVAMANI 2 P.C.S NARAYANAMURTHY ... PETITIONERS/ACCUSED Vs THE STATE OF TAMIL NADU REP BY ITS THE INSPECTOR OF POLICE VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR CRIME NO.103 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S. SUBBIAH Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 429, 466, 294(b) and 506(i) IPC, in Crime No.103 of 2015 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that a regular case in Crime No.103 of 2015 has been registered against these petitioners by the respondent police on 07.02.2015.

3. The case of the de facto complainant is that these petitioners are office bearers in Virudhunagar Hindu Nadargal Abiviruthi Panjukadai Mahamai, which is a registered society under the provisions of the Tamil Nadu Societies Registration Act, 1975. The allegations against these petitioners is that they are not keeping the entire accounts of the society, properly. The de facto complainant belongs to the rival faction and it is alleged that he lost in the earlier election.

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4. On a reading of the complaint, it appears that there is a dispute in taking control of the sangam. Under such circumstances, I

am inclined to grant anticipatory bail to the petitioners. 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.I, Virudhunagar, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police twice a day at 10:30 in the morning and 06:30 in the evening for a period of two weeks and thereafter as and when required for interrogation.

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

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners are complying with the order or not.

sd/- 09/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO. I, VIRUDHUNAGAR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR +1. CC to M/S.S. SUBBIAH Advocate SR.No.5774 RL/6 C- 11/2/2015

ORDER

IN CRL OP(MD) No.2200 of 2015 Date :09/02/2015 https://hcservices.ecourts.gov.in/hcservices/