P. Somasundaram v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.2702 of 2015 1 P. SOMASUNDARAM 2 S. JANAGAKUMARI ... PETITIONERS/ACCUSED 1 AND 2 Vs STATE.REP.BY THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI CITY, CRIME NO.110/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. J. LAWRENCE Advocate For Respondent : MR.P.KANNITHEVAN,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.110 of 2015, on the file of the respondent police for offences under Sections 294(b), 447, 506(i) IPC (*)and Section 3 of TNPPDL Act, 1992 the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. It is represented by the learned Government Advocate (Crl. Side) that there is no previous case as against the petitioners. On the directions of this Court, this case seems to be registered and there appears to be a dispute in respect of the compound wall in connection with which O.S.No.535 of 2007 is pending. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioners, but with conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.V, Madurai District, on https://hcservices.ecourts.gov.in/hcservices/ executing a separate 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 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]. [e] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not. sd/- 16/02/2015 (*)Corrected order issued as per order dated 25.02.2015.

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

TO To be substituted the order copy already despatched. 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE INSPECTOR OF POLICE S.S. COLONY POLICE STATION, MADURAI CITY.

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

+1. CC to M/S. J. LAWRENCE Advocate SR.No.7083 ORDER IN CRL OP(MD) No.2702 of 2015 Date :16/02/2015 PA/17.02.15/2P/6C PA/26.02.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/