Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.5860 of 2015 1 MOHAN 2 PONNUDURAI 3 LINGAM 4 NAVAJOTHI ... PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE SAILKUDI POLICE STATION, RAMANATHAPURAM DT, CRIME NO.32/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.BALAMURUGAPANDI Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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.32 of 2015, on the file of the respondent police for offences under Sections 147, 148, 294(b), 323, 427, 452, 379(NH), 506(ii) 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).

3.It is seen that there was a dispute between Navajothi (A4) and the de-facto complainant Dharmalingam, who is none other than the brotherin-law of Navajothi. On account of a family dispute, this case has been registered against these petitioners on the complaint of one Dharmalingam.

4.Learned Government Advocate (Crl. Side) submits that the investigation shows that there is no serious damage to the Tractor as alleged by the de-facto complainant. In view of the fact that no one is seriously injured and there is no previous case against the https://hcservices.ecourts.gov.in/hcservices/ petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

5. 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, Mudukulathur, Ramanathapuram District, on executing 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 everyday at 10.30 a.m. and 06.30 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]. sd/- 30/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.

THE JUDICIAL MAGISTRATE, MUDUKULATHUR,RAMANATHAPURAM DISTRICT. DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE,SAILKUDI POLICE STATION,RAMANATHAPURAM DT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.15668

ORDER

IN CRL OP(MD) No.5860 of 2015 Date :30/03/2015 PA/31.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/