K.P.Rajamurali @ Murali, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21413 of 2018 1.K.P.RAJAMURALI @ MURALI, 2 SUMATHI 3 K.P.MARUTHAMBAL @ LOGAMBAL, ... PETITIONER / ACCUSED Nos.1 to 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, THILLAINAGAR POLICE STATION, TRICHY CITY.

(IN CRIME NO.646/2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.B.JAMEEL ARASU Advocate For Respondent : MR.M.ASOKAN, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 427 and 506(i) of I.P.C., in Crime No.646 of 2018, seek anticipatory bail.

2. It is the case of the prosecution is that due to wordy quarrel between the petitioners and the defacto complainant and that the petitioners are threatened the defacto complainant with dire consequences.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case.

4. Heard the learned Government Advocate (Criminal Side) appearing for the respondent.

5. Considering the facts of the case, 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-IV, Trichy on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police as on when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.IV, TRICHY 2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, THILLAINAGAR POLICE STATION, TRICHY CITY.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.B.JAMEEL ARASU Advocate SR.No.22796

ORDER

IN CRL OP(MD) No.21413 of 2018 Date :05/12/2018 AE/VR MMS/SAR3/14.12.2018/3P/6C