M. Muniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23682 of 2014 1 M. MUNIYANDI 2 M. THANGAPONNU, 3 M. RAKKU 4 M. MUTHU IRULAYEE 5 M. AMSAVENI 6 M. AYYAN BOSE ... PETITIONER(S) / ACCUSED 1 to 6 Vs THE STATE REP. BY THE INSPECTOR OF POLICE AAVIYUR POLICE STATION, VIRUDHUNAGAR DT CR.No. 140 of 2013 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.RIGHT LAW ASSOCIATES Advocate For Respondent : Mr.A.P.Balasurbramani 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 offences punishable under Sections 147, 148, 323, 324, 294(b) and 506(ii) IPC r/w Section 4 of Women Harassment Act in Crime No.140 of 2013 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State. The Investigating Officer is also present in this Court.

3. On a direction of the learned Judicial Magistrate No.II, Virudhunagar, the above case has been registered by the respondent Police. The incident is alleged to have taken place on account of wordy quarrel with the defacto complainant.

4. Learned Government Advocate (Crl.Side) submitted that there are no bad antecedents against these petitioners.

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5. 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.II, Virudunagar on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety 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 1 and 6 shall report before the respondent police daily at 10:30 a.m. for a period of two weeks and thereafter as and when required and the petitioners 2 to 5 shall report before the respondent police 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].

sd/- 05/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, VIRUDHUNAGAR. 2 -Do- Through THE CHIEF JUDICIAL MAGISTRATE VIRUDHAUNAGAR AT SRIVILLIPUTHUR.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, AAVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.RIGHT LAW ASSOCIATES Advocate SR.No. 572. TS/07.01.2015/2P-6C

ORDER

IN CRL OP(MD) No.23682 of 2014 Date :05/01/2015 https://hcservices.ecourts.gov.in/hcservices/