K.Thangapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.3370 of 2015 1 (*)K.THANGAPANDI @ THANGAPANDIAN 2 P.KARUPAIAH ... PETITIONERS / ACCUSED A1 & A2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION, IRUKKANGUDI, VIRUDHUNAGAR DISTRICT.

CRIME NO.83 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THIRUVARUTSELVAN, Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, 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 offences punishable under Sections (*)341, 353, 332 and 506(i) of Indian Penal Code in Crime No.83 of 2015 on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that these petitioners in a drunken mood have prevented the Special Sub-Inspector of Police, who was on patrolling duty, from discharging his duties.

3. It is represented by the learned Government Advocate (Criminal Side) that there is no previous case against these petitioners and that they were drunk at the time of incident.

4. Taking into consideration 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, Sattur, on condition that the petitioners shall execute 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: https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioners shall stay at Thirumangalam and report before the Thirumangalam Town Police Station twice a day daily at 10.30 a.m., in the morning and 06.30 p.m., in the evening for a period of four weeks and thereafter, as and when required by the respondent police 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, Thirumangalam Town Police Station is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioners are complying with the order or not.

sd/- 25/02/2015 (*)AMENDED AS PER THE ORDER OF THIS HON'BLE COURT DT.9.3.15 AND MADE IN MP(MD).1/15 IN CRL.OP(MD)3370/15.

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

TO TO BE SUBSTITUTED TO THE ORDER ALREADY DISPATCHED 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR @ SRIVILLPUTHUR.

3 THE INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION, IRUKKANGUDI, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER IN-CHARGE, THIRUMANGALAM TOWN POLICE STATION, THIRUMANGALAM.

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

ORDER IN CRL OP(MD) No.3370 of 2015 Date :25/02/2015 msm 26.02.2015 p2/7c msm 11.03.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/