Jeyamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11285 of 2017 JEYAMURUGAN ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.212/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.VIJAYAKUMAR Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 147, 341, 336, 332, 353, 506(i) of I.P.C.

, and section 3 of TN Property [Prevention of Damage and Loss] Act, 1992 in Crime No.212 of 2017, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that while the police officials was in vehicle check up, the deceased persons in a bike was trying to escape from the police and that they drove the two wheeler in a rash and negligent manner and that they met with an accident by dashing in a private bus. Due to the same, they died. Therefore, the villagers abused the respondent police and refused to receive the body of the deceased persons and caused hindrance to free flow of traffic and also caused damage to the police vehicles by throwing stones upon them.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he is no way connected in the alleged occurrence. 4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that there are totally two named accused and 78 unnamed accused and during investigation, two named persons and 12 unnamed persons were arrayed as accused. A7 & A10 were arrested and they are in custody and other accused were granted anticipatory bail and A3 was arrested and released on bail by the concerned Session Court and investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also taking note of the fact that the co-accused were granted anticipatory bail by this Court as well as by concerned sessions Court, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate Paramakudi, on condition that the petitioner 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 petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

[b]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 07/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PARAMAKUDI, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE INSPECTOR OF POLICE, PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.VIJAYAKUMAR Advocate SR.No.30354

ORDER

IN CRL OP(MD) No.11285 of 2017 Date :07/09/2017 PK/CM-MSA/SAR-3/12.09.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/