Palaniyandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4532 of 2015 1 PALANIYANDI 2 MUTHAIAH 3 NATARAJAN 4 DHARMARAJ 5 CHANDRA 6 ALAGAMMAL 7 KAMACHI 8 SASIKALA ... PETITIONER(S) / ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE UPPLIYAPURAM POLICE STATION, TRICHY DISTRICT.
(CRIME NO. 72 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.PALANIRAJA Advocate For Respondent : M/S.A.P.BALASUBRAMANI Government 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 offence punishable under Sections 147, 148, 341, 294(b), 323, 324 and 506(i) IPC, in Crime No.72 of 2015 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the first accused was arrested and the petitioners 6 to 8 herein are not arrayed as accused in the case. Hence, the present Criminal Original Petition stands dismissed as against the petitioners 1 and 6 to 8 herein. It is further represented that on account of wordy quarrel, the present case has been registered and there is no previous case against the petitioners 2 to 5. https://hcservices.ecourts.gov.in/hcservices/
3. Considering the above, I am inclined to grant anticipatory bail to the petitioners 2 to 5. Accordingly, the petitioners 2 to 5 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, Thuraiyur, Trichy District, on condition that the petitioners 2 to 5 shall 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 2 to 5 shall stay at Karur and report before the Pasupathipalayam Police Station twice a day at 10:30 in the morning and 06:30 in the evening for a period of two weeks and thereafter as and when required for interrogation.
[b] the petitioners 2 to 5 shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners 2 to 5 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 2 to 5 in accordance with law as if the conditions have been imposed and the petitioners 2 to 5 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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners 2 to 5 are complying with the order or not. The present Criminal Original Petition is dismissed in respect of petitioners 1 and 6 to 8 herein.
sd/- 12/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR 2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE UPPLIYAPURAM POLICE STATION, TRICHY DISTRICT.
5 THE OFFICER INCHARGE, PASUPATHIPALAYAM POLICE STATION ,KARUR +1. CC to M/S.M.PALANIRAJA Advocate SR.No.12027. TS/13.03.2015/2P-7C ORDER IN CRL OP(MD) No.4532 of 2015 Date :12/03/2015 https://hcservices.ecourts.gov.in/hcservices/