Siva v. Theinspector 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.10492 of 2016 1 SIVA 2 KARUNAMOORTHY 3 KANNAN 4 MOORTHY ... PETITIONERS/ACCUSED NO.2 TO 5 Vs THE STATE REP.BY.

THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, VAIYAMPATTI, TRICHY DISTRICT,.

CR NO. 176/2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S G.SRIDHARAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. 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.2 to 5 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 341, 323, 324, 506(ii) and 379(NP) of IPC, in Crime No.176 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners along with other accused attacked the de facto complainant and taken away 13 grams of gold chain, a sum of Rs.50,000/-, R.C. Book of the two wheeler and his A.T.M. Card. On complaint case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. This is a case of case and case-in-counter. On 19.06.2016, the de facto complainant attacked A.1 on his head and face and caused injuries and on complaint, case has been registered and C.S.R. Number has been given. Due to that, the de facto complainant has given a false complaint against the petitioners. A.1 was arrested on 23.06.2016 and enlarged on bail vide order made in Cr.M.P.No.3161 of 2016 by the learned Judicial Magistrate, Manapparai.

4.The learned Government Advocate (Criminal side) submitted that the injured person has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that the injured person has been discharged from the hospital and it is a case of case and case-in-counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, they 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, Manapparai, Trichy District, on condition that each of the petitioners 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders. (ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners shall not abscond either during investigation or trial.

(iv)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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not. sd/- 28/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI,TRICHY DISTRICT. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THEINSPECTOR OF POLICE,VAIYAMPATTI POLICE STATION,VAIYAMPATTI, TRICHY DISTRICT,.

+1. CC to M/S G.SRIDHARAN Advocate SR.No.33556.

ORDER

IN CRL OP(MD) No.10492 of 2016 Date :28/06/2016 AM/GSV.PM/SAR-II/29.06.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/