P.Ukkirapandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4384 of 2015 1 P.UKKIRAPANDI 2 K.KANNAN ... PETITIONERS 1 & 2/ACCUSED 5 & 6 Vs STATE REP BY THE INSPECTOR OF POLICE AUNSTINPATTI POLICE STAITON, MADURAI DISTRICT. CR. NO.60/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.ROOBAN 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 :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 448, 294(b), 323 and 506(ii) of Indian Penal Code, in Crime No.60 of 2015, on the file of the respondent police, seek anticipatory bail.
2. This case has been registered, pursuant to the direction issued by this Court in Crl.O.P.(MD)No.2212 of 2015.
3. It is seen that one Ambal Polimers, represented by Ananthan is a tenant under P.S.Surendhranath, who is the defacto complainant. It is alleged that the defacto complainant attempted to dispossess the tenant and, therefore, the tenant filed a suit in O.S.No.30 of 2014 before the learned District Munsif, Thirumangalam and obtained an order of injunction in his favour. The defacto complainant has alleged that the said Ananthan and others including these petitioners tried to assault him. The dispute essentially appears to be between the landlord and tenant.
4. It is represented by the learned Government Advocate (Criminal Side) that no one is injured in the alleged occurrence and there is no previous case against these petitioners. https://hcservices.ecourts.gov.in/hcservices/
5. Under such circumstances, 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, Thirumangalam, 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:
[a] the petitioners shall report before the respondent police daily at 05.30 p.m., for a period of two weeks 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 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 a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioners are complying with the order or not.
sd/- 10/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,THIRUMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE,AUNSTINPATTI POLICE STAITON, MADURAI 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.ROOBAN Advocate SR.No.11905
ORDER
IN CRL OP(MD) No.4384 of 2015 Date :10/03/2015 AA/13.03.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/