Madras High CourtCRL OP(MD)/3318/2015ordered

K.Pandi v. The Sub Inspector Of Police

2015-02-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.3318 to 3320 of 2015 K.PANDI ... PETITIONER / ACCUSED NO.1 IN CRL OP(MD)NO.3318/2015 1 ARUMUGATHAMMAL 2 MAHALAKSHMI 3 MUNIYAMMAL 4 THAVASELVI ...PETITIONER / ACCUSED NOS.8,9,11 & 12 in CRL OP(MD). 3319/ 2015 1 VIJAY 2 BOOMI @ BHUVANESHWARAN 3 KALI @ KALIESWLARAN 4 MANDAI MUTHU @ MUTHU @ MUTHUKRISHNAN 5 ESWARAN ...PETITIONER / ACCUSED NOS.3,4,5,6 & 10 in CRL OP(MD). 3320/ 2015 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE KEELACHELVANOOR POLICE STATION, KEELACHELVANOOR, KADALADI TALUK, RAMANATHAPURAM DISTRICT.

(CR. NO.9/2105 all the cases respectively) ... RESPONDENT / COMPLAINANT IN ALL THE CASES For Petitioner : M/S.V.BASKARAN Advocate, IN ALL THE CASES For Respondent : MR.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) IN ALL THE CASES 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.9 of 2015, on the file of the respondent police for offences under Sections 147, 148, 294(b), 307, 323, 324 and 506(ii) IPC, the petitioners in all the petitions are now before this Court seeking Anticipatory Bail.

2. It is a case and counter and the counter case is in Cr.No.10 of 2015. It appears that there is a dispute between the two community people in respect of worship in a temple.

3. The learned Government Advocate (Crl.Side) would submit that the injured in both cases have already discharged from the hospital and the situation in that area is not conducive.

4. This Court granted anticipatory bail to the co-accused in Crl.O.P. (MD) No.3408 of 2015 on 26.02.2015. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant Anticipatory Bail to the petitioners herein, but with conditions. https://hcservices.ecourts.gov.in/hcservices/

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, Mudhukulathur, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety each for a like sum with ration card 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 in Crl.O.P.(MD) Nos.3318 and 3320 of 2015 shall stay at Trichy and report before Samayapuram Police Station for a period of four weeks and thereafter as and when required for interrogation. The petitioners in Crl.O.P.NO.3319 of 2015, being women folk, 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 they are complying with the conditions or not. sd/- 27/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,MUDHUKULATHUR.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUB INSPECTOR OF POLICE KEELACHELVANOOR POLICE STATION, KEELACHELVANOOR, KADALADI TALUK, RAMANATHAPURAM DISTRICT. 5.THE OFFICER INCHARGE, SAMAYAPURAM POLICE STATION,TRICHY.

+2. CC to M/S.V.BASKARAN Advocate SR.No.10120

ORDER

IN CRL OP(MD) Nos.3318 to 3320 of 2015 Date :27/02/2015 rg.04.03.2015 2p.8c.

https://hcservices.ecourts.gov.in/hcservices/