Paulraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4281 of 2015 1 PAULRAJ 2 AMALORPA MERRY 3 ARUL RAJENDRAN 4 VELAN KANNI 5 MERIT 6 ARUL MANI@ARUL MERRY 7 MILLAN 8 SUSAI NAYAKI ... PETITIONERS/ACCUSED NO.1 TO 8 Vs THE STATE REP BY THE INSPECTOR OF POLICE SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.47 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. 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.47 of 2015, on the file of the respondent police for the offence under Sections 147, 294(b), 341 and 506(i) IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (crl. side) appearing for the respondent police.

3. On perusal of the FIR, it is seen that during temple festival, these petitioners were engaged in merriment and a quarrel arose between the petitioners and the organizers of the temple festival.

4. The learned Government Advocate (crl. side) would submit that there is no previous case against the petitioners.

5. In such circumstances, this Court is 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 https://hcservices.ecourts.gov.in/hcservices/

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 No.II, Dindigul on condition that the petitioners 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 1, 3 and 5 shall stay at Kujiliamparai and report before Kujiliamparai Police Station, Dindigul District for a period of two weeks and thereafter as and when required for interrogation and the petitioners 2 and 4 shall appear before the respondent police as and when required.

[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/- 09/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, DINDIGUL 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

4 THE INSPECTOR OF POLICE, KUJILIAMPARAI POLICE STATION, DINDIGUL DISTRICT 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.11235 ORDER IN CRL OP(MD) No.4281 of 2015 Date :09/03/2015 NA/11/03/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/