Madras High CourtCRL OP(MD)/324/2015ordered

Murugesan v. The Inspector Of Police

2015-01-09Honourable Mr Justice P. N. Prakash2 pages

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.324 of 2015 1 MURUGESAN 2 SUMATHI 3 RAMU 4 MURUGESWARI 5 SUBRAMANI 6 VEERAIAH ..PETITIONERS/ACCUSED 1 TO 6 Vs.

STATE REP.BY THE INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI.

CR. NO. 671/2014.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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.671 of 2014, on the file of the respondent police for offences under Sections 147, 379 N.P., 294(b), 323, 506(i) IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. It is alleged that this petitioners have trespassed into the lands of the defacto complainant and have taken away plantain saplings.

3. The learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case. 4.The learned Government Advocate (crl. side) would submit that the injured has been discharged from the hospital and there is no previous case against the petitioners.

5. Having regard to the nature of offences said to have been committed by the petitioners, I am inclined to grant anticipatory bail to them, but with conditions.

6. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Vadipatti on 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 stay at Ottanchathiram and report before Ottanchathiram Police Station twice a day daily at 10.30 a.m. and 6.30p.m. for a period of two weeks without fail 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 https://hcservices.ecourts.gov.in/hcservices/

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.) TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI, MADURAI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI. 5 THE INSPECTOR OF POLICE, OTTANCHATHIRAM POLICE STATION, OTTANCHATHIRAM, DINDIGUL DISTRICT.

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.1462 ORDER IN CRL OP(MD) No.324 of 2015 Date :09/01/2015 PBK 19/01/2015 ::2P-7C:

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