P.Saravanakumar v. Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5132 of 2015 1 P.SARAVANAN 2 S.PALANISAMY 3 P.ANUSUYA DEVI ... PETITIONERS/ACCUSED RANKS NOT KNOWN C.KARPAGAVALLI ... INTERVENOR Vs THE STATE REPRESENTED BY INSPECTOR OF POLICE ALL WOMEN POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT, (CRIME NO. NOT KNOWN OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.ROOBAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. Advocate ( Crl. Side) For Intervenor : M/S.S.M.ANANTHA MURUGAN, Advocate 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 Section 498(A) of Indian Penal Code, in Crime No.Not known of 2015 on the file of the respondent police, seek anticipatory bail.
2. Heard the learned counsel for the petitioners, the learned counsel for the intervenor and the learned Government Advocate (Criminal side) for the respondent State.
3. Since no regular case was registered and only petition enquiry was pending, this Court granted interim anticipatory bail on 19.03.2015, to the petitioners with a direction to the petitioners to hand over the articles referred to in page No.18 of the typed-set of papers filed by the petitioners, to the defacto complainant.
4. Today, the respondent police is present. The learned Government Advocate (Criminal side), on instructions from respondent police, submits that the petitioners have handed over the articles to the defacto complainant on 21.03.2015, which fact is accepted by the learned counsel appearing for the defacto complainant also.
5. In the aforesaid 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sivakasi, 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 first petitioner shall report before the respondent police daily at 06.30 p.m., for a period of two weeks and thereafter, as and when required for interrogation. The second and third petitioners 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 a compliance report to the Office of the learned Government Advocate (Criminal side), whether the first petitioner is complying with the order or not.
6. In the event of the respondent police registering a regular case, this anticipatory bail order will enure to the benefit of the petitioners and they need not have to file fresh application for anticipatory bail.
7. The learned counsel for the petitioners as well as the learned counsel for the defacto complainant submit that the matter may be referred to the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench. Their submission is recorded and the first petitioner and the defacto complainant are directed to appear before the Tamil Nadu Mediation and Conciliation Centre, attached to this Bench, on 01.04.2015 at 02.00 p.m. The Tamil Nadu Mediation and
Conciliation Centre, attached to this Bench, is directed to complete the mediation process and submit a report to this Court. sd/- 26/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE CO-ORDINATOR MEDIATION AND CONCILIATION CENTRE MADURAI BENCH OF MADRAS HIGH COURT MADURAI 2.THE JUDICIAL MAGISTRATE- SIVAKASI 3.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 4.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5.THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION,SIVAKASI,VIRUDHUNAGAR DISTRICT, +1. CC to M/S.B.ROOBAN Advocate SR.No.15267 RL/7C - 30/3/2015
ORDER
IN CRL OP(MD) No.5132 of 2015 Date :26/03/2015