Shanmugaiah Pandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13616 of 2017 1 SHANMUGAIAH PANDIAN 2 PARAMASIVA PANDIAN 3 SUBRAMANIAN ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NARAIKINARU POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. NOT KNOWN/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.ROBINSON Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 506(ii) of I.P.C, in Crime No.Not Known on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was a dispute between the de-facto complainant and the petitioners. Initially the de-facto complainant lodged a complaint against the petitioner and other persons. Thereafter, compromise in between them. In order to wreck vengence against the defacto complainant. On 17.09.2017, the petitioner and other persons prevented the defacto complainant and tried to attack the defacto complainant with using filthy language, thereby the defacto complainant filed a complaint before the respondent police.

3.The learned counsel for the petitioners submitted that petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. In fact, they are the close friends of the de-facto complainant and he is ready to abide any condition by this Court.

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4. The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation is still pending.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the investigation is still pending, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 No.I, Kovilpatti, Thoothukudi District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each 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 appear before the respondent police daily at 10.00 a.m., for a period of four weeks;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioners shall not commit any offence while on bail;

(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 and the bail granted stands cancelled automatically.

sd/- 24/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, THOOTHUKUDI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, NARAIKINARU POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.ROBINSON Advocate SR.No.33058 ORDER IN CRL OP(MD) No.13616 of 2017 Date :24/10/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-MSA-SAR 2/27.10.2017/2P-6C