Bala v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10168 of 2016 1 BALA 2 CHOCKU @ CHOCKALINGAM 3 O.M.G.PANDI 4 THAJUDEEN 5 NARAYANAN 6 KITTU 7 ASHI @ KANNAN 8 VAIRAVAN 9 ASHOK @ ANANTHAN 10 BOOMI ..PETITIONERS/ACCUSED No.13 to 22 Vs STATE: THE INSPECTOR OF POLICE PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME NO.54/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.R.BADURUS ZAMAN Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.13 to 22, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147,148,294(b), 341,323,324,506(ii) and 307 of IPC and Section 3 of TNPPDL Act 1992 in Crime No.54 of 2016 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that due to political enmity between the parties, the petitioners along with other accused waylaid the defacto complainant and his party members near Kothari Village and attacked with deadly weapons like iron rod, Aruval and caused injuries and scolded them with filthy language and damaged their car. On complaint, a case has been registered against the petitioners.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and due to the political enmity their names have been falsely implicated in this case. He further submitted that the names of the petitioners are not found in FIR and only on the basis of the confession statement given by the co-accused their names have been impleaded in this case and prays for anticipatory bail in favour of the petitioners.
4. The learned Government Advocate (Crl.Side) submitted that the defacto complainant is a member of Parliament. He further submitted that the petitioners along with other accused waylaid the defacto complainant and attacked him with deadly weapons and damaged their car worth Rs.20,00,000/-. He further contended that the petitioners are influential persons and vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the nature of allegations made against the petitioners, 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, Karaikudi and on condition that the each of 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 petitioners shall report before the Poovanthi Police Station, Sivagangai District daily at 10.00 am and 5.00 pm until further orders.
[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/- 28/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.)
TO 1 THE JUDICIAL MAGISTRATE KARAIKUDI 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT. THE INSPECTOR OF POLICE, POOVANTHI POLICE STATIION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/s.V.KANNAN, Advocate SR.No.33877
ORDER
IN CRL OP(MD) No.10168 of 2016 Date :28/06/2016 trp SH/SKS-RR/SAR-III:06.07.2016:3P/7C