E.Muniswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2754 To 2757 of 2015 E.MUNISWARAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL.OP.NO.2754/2015 K.P.S.MANOHARAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL.OP.NO.2755/2015 K.P.S.MUNISWARAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL.OP.NO.2756/2015 K.P.S. SIVAKUMAR ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL.OP.NO.2757/2015 Vs STATE REP BY THE INSPECTOR OF POLICE SELLUR POLICE STATION, SELLUR, CR. NO. 219 OF 2015. RESPONDENT/COMPLAINANT IN ALL THE CASES For Petitioner : M/S. S. JAWAHAR Advocate IN ALL OPs For Respondent : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) For Intervenor : MR. P.
GANAPATHI SUBRAMANIAM IN ALL OPs 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 Section 506(ii) IPC in Crime No.219 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 and Mr.Ganapathi Subramanian, learned counsel appearing for the intervenor.
3.Initially the petitions were filed at the stage of crime number not known. Today, on instruction from the respondent police the learned Government Advocate submitted that a regular case in Crime No.219 of 2015 has been registered for the offences under Sections 147, 148, 341, 294(b), 323 and 506(ii) IPC.
4. It is the case of the prosecution that the defacto complainant is the brother of the petitioners in Crl.O.P.Nos.2755,2756 and 2757 of 2015 namely K.P.S.Manoharan, K.P.S.Muniswaran and K.P.S.Sivakumar. The dispute relates to taking over the control of the management of a company.
5. The learned Government Advocate(Crl.side) submits that there is no bad antecedents against the petitioners and injured has been discharged from hospital.
6. The learned counsel appearing for the intervenor would strongly oppose for granting of anticipatory bail to the petitioners.
7. 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 Judicial Magistrate No.II, Madurai,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 shall appear before the respondent police daily at 10.30 a.m 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 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/- 17/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II,MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE,SELLUR POLICE STATION, SELLUR 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+4. CC to M/S. S. JAWAHAR Advocate SR.No.7291,7293,7292,7290
ORDER
IN CRL OP(MD) No.2754 to 2757 of 2015 Date :17/02/2015 AA/19.02.2015/3p- 9c/