Patchamuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of January Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.323 of 2015 1 PATCHAMUTHU 2 RAMESH 3 PERIYASAMY 4 MANI S/O.ATCHI KANDAR, 5 MANI S/O.ARUNACHALA KANDAR, 6 VENKADASAMY 7 SELVARAJ ... PETITIONER/ACCUSED NO.1 TO 7 Vs THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, TRICHY.

CR. NO.12/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : 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 147, 148, 323, 506(ii) IPC and Section 3 of PPDL Act in Crime No.12 of 2015 on the file of the respondent police, seek anticipatory bail.

2. It is represented by the learned counsel appearing for the petitioners that the dispute arose between the petitioners and the de facto complainant on account of temple festival and no one has been injured.

3. Considering the above, 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, Musiri, Trichy District, on condition that 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 stay at Karur and report before the Karur Pasupathipalayam Police Station, 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.

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[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/- 09/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE KATTUPUTHUR POLICE STATION, TRICHY.

4.

THE INSPECTOR OF POLICE, KARUR PASUPATHIPALAYAM POLICE STATION, KARUR.

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

+1cc to MR.M.SUBASH BABU, ADVOCATE IN SR : 1464 SR : 19.01.2015 : 2P/7C

ORDER

IN CRL OP(MD) No.323 of 2015 Date :09/01/2015 https://hcservices.ecourts.gov.in/hcservices/