M. Piramanayagam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10806 of 2016 1 M. PIRAMANAYAGAM 2 M. KALYANI 3 VELLAISAMY 4 V. NAINAR @ NAINAR RAJ ... PETITIONERS/ACCUSED 1 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION, VICKRAMASINGAPURAM, TIRUNELVELI DISTRICT.

CRIME NO. 220 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.KRISHNAN 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.1 to 4 , apprehend arrest at the hands of the respondent police for the offences punishable under Sections 342, 294(b), 323 and 506(i) of IPC, in Crime No.220 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2.It is submitted by the learned counsel for the petitioners that the petitioners are an innocent person and they have not committed any offence as alleged by the prosecution. Further, the petitioners have already filed Crl.O.P(MD)No.5744 of 2016 for anticipatory bail before this Court and this Court vide order dated 04.04.2016, granted anticipatory bail to them. They could not produce the sureties before the Judicial Magistrate for the reason that the second petitioner got married and went away from the locality. Hence, the petitioners have come up with the present petition.

3.Heard the learned Government Advocate (Criminal side). 4.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 04.04.2016 made in Crl.O.P(MD)No.5744 of 2016, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners 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 https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate Cum District Munsif Court, Cheranmahadevi, Thirunelveli District, on condition that each of the Petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties 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 6.30 pm 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 is complying with the conditions or not.

sd/- 30/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, CHERANMAHADEVI, THIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELIVELI. 3 THE INSPECTOR OF POLICE, VICKRAMASINGAPURAM POLICE STATION, VICKRAMASINGAPURAM,TIRUNELVELI DISTRICT.

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

+1. CC to M/S S.KRISHNAN Advocate SR.No.34275 TRP CSL/GSV-PM/SAR-I/04.07.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.10806 of 2016 Date :30/06/2016 https://hcservices.ecourts.gov.in/hcservices/