Madras High CourtCRL OP(MD)/14204/2017granted

Ramkumar Raja, v. The Inspector Of Police,

2017-10-24Honourable Mr Justice M.Dhandapani3 pages

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.14204 of 2017 1 RAMKUMAR RAJA 2 CHANDRAN 3 KARPAGA RAJA 4 PERUMAL 5 AYUBKHAN ... PETITIONERS / ACCUSED NO. 1 to 5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ETTAYAPURAM POLICE STATION, TUTICORIN DISTRICT.

(CRIME NO.363 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.R.DURAI RAJ 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 are arrayed as Accused Nos.1 to 5, apprehend arrest at the hands of the respondent police for offences punishable under Sections 147, 448, 294(b), 353 and 506(i) of I.P.C., in Crime No.363 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first petitioner is the Secretary of the Administrative Committee of Raja Higher Secondary School, Ettayapuram, the second and the third petitioners are the Executive Members, the fourth petitioner is the Clerk and the fifth petitioner is the teacher of the aforementioned school. On 14.10.2017, the defacto complainant/Headmaster gave a complaint to the respondent police alleging that the petitioners were abused him in filthy language and threatened him with dire consequences. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they are not committed any offence as alleged by the prosecution. He further submitted that there was dispute in between the defacto complainant/Headmaster and School Committee and the case has been filed against them in order to wreck vengeance.

4. The learned Government Advocate (Crl.side) appearing for the State submitted that the no one was injured in the alleged occurrence and the learned Government Advocate (Crl. Side) did not dispute the reasons adduced by the learned counsel for the petitioner.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), I am 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, 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 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 2 to 5 shall report before the respondent police, daily at 10.00 a.m., for a period of three weeks, and thereafter, as and when required for interrogation;

(ii) considering the age of the first petitioner, the first petitioner shall report before the respondent police, as and when required for interrogation;

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioners shall not commit any offence while on bail;

(vi) 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 anticipatory 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. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE, ETTAYAPURAM POLICE STATION, TUTICORIN DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.33134

ORDER

IN CRL OP(MD) No.14204 of 2017 Date :24/10/2017 MKV-CM-MSA-SAR 2/27.10.2017/3P-6C