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Madras High CourtCRL OP(MD)/2457/2015ordered

Natrayan v. The Inspector Of Police

2015-02-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2457 of 2015 1 NATRAYAN 2 TAMILARASI 3 MAHESH 4 MURUGESH 5 RAVI ... PETITIONERS/ACCUSED 1 TO 5 Vs THE STATE REP BY THE INSPECTOR OF POLICE AYAKUDI POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT.

(CRIME NO.52 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S. ANANTH C. RAJESH Advocate For Respondent : M/S.S.PRABHA, 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 an alleged offence punishable under Sections 147, 427, 506(i) IPC in Crime No.52 of 2015 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.

3. The learned counsel for the petitioners submitted that a civil dispute is pending between the parties and hence, a false complaint has been lodged against the petitioners.

4. It is seen that the there was a wordy quarrel between the relatives in respect of sharing a property and the case in O.S.No.242 of 2014 is pending before the learned District Munsif, Dindigul.

5. Considering the facts and circumstances of the case, 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 https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Palani, on condition that each of the petitioner 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 1, 3 to 5 shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.The second petitioner shall appear before the respondent police as and when required.

[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 a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioners are complying with the order or not. sd/- 12/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PALANI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE AYAKUDI POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT. +1. CC to M/S. ANANTH C. RAJESH Advocate SR.No.6495 RL/6C - 16/2/2015

ORDER

IN CRL OP(MD) No.2457 of 2015 Date :12/02/2015 https://hcservices.ecourts.gov.in/hcservices/