Ramar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10544 of 2016 1 RAMAR 2 SUDALAIMUTHU ... PETITIONERS / ACCUSED No.4 & 5 Vs The State rep.by THE INSPECTOR OF POLICE THIRUCHENDUR TEMPLE POLICE STATION, TUTICORIN DISTRICT.

(CRIME NO. 26 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MUNIYANDI 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 No.4 & 5 , apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b) of IPC and Section 3 of TNPPDL Act, in Crime No.26 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Further, the petitioners have already filed Crl.O.P(MD)No.1804 of 2016 for anticipatory bail before this Court and this Court vide order dated 02.02.2016, granted anticipatory bail to them and directed the petitioners to deposit a sum of Rs.5,000/- without prejudice to their defence and on such deposit, the learned Judicial Magistrate, Tiruchendur, shall disburse the same, as ex gratia compensation, to the defacto complainant. They could not produce the sureties before the Judicial Magistrate due to the ill health of the first petitioner. Hence, the petitioners have come up with the present petition.

3.The learned Government Advocate (Criminal side) submitted that the property damaged worth about Rs.17,000/-. 4.The learned counsel for the petitioners submitted that each petitioners are ready and willing to deposit a sum of Rs.5,000/-.

5.Considering the facts and circumstances of the case and also the considering fact that this Court has already granted anticipatory bail to the petitioners vide order dated 02.02.2016 made in Crl.O.P(MD)No.1804 of 2016, 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, Tiruchendur, on condition that each of the petitioners shall deposit a sum of Rs.5000/- (Rupees Five Thousand only) to the credit of Crime No.

26 of 2016, before the said Court, without prejudice to their defence and on such deposit, the learned Judicial Magistrate, Tiruchndur, shall disburse the same, as ex gratia compensation, to the defacto complainant and each of them shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the respondent Police daily at 10.30 a.m., and 06.30 p.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/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE THIRUCHENDUR TEMPLE POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S S.MUNIYANDI Advocate SR.No.33873 sm:AAl-MPA:SAR II:04.07.2016:3P/6C

ORDER

IN CRL OP(MD) No.10544 of 2016 Date :29/06/2016