R.Devi @ Ramdeevi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14457 of 2017 1 R.DEVI @ RAMDEEVI 2 M. MANIMARAN @ MANI ... PETITIONERS/ACCUSED Nos.2 and 3 Vs STATE THROUGH THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT, CRIME NO.250/2017. ... RESPONDENT/COMPLAINANT For Petitioners : M/S.I.SABEER MOHAMED 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 A2 and A3, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 506(ii) and 379 (NP) of I.P.C., and Section 3(1) of TNPPDL Act in Crime No.250 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 27.09.2017, the petitioners along with the other accused illegally trespassed into the house of the de-facto complainant and damaged her household articles and snatched 5 sovereigns of gold jewels. Thereby, the defacto complainant lodged a complaint before the respondent police.
3. The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 and A3 and they did not commit any offence as alleged by the prosecution. He would further submit that the co-accused were already granted bail by the learned Principal Sessions Judge, Dindigul District in Crl.M.P.No.2119 of 2017, dated 12.10.2017.
4. The learned Government Advocate (Crl.side) appearing for the State did not dispute the bail granted by the Sessions Court in Crl.M.P.No.2119 of 2017, dated 12.10.2017.
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5. Considering the facts and circumstances of the case, 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, Nilakottai, 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 second petitioner/A3 shall report before the respondent police daily between 10.00 a.m., to 11.00 a.m. for a period of three weeks and the first petitioner shall appear before the respondent police as and when required.
(ii) the second petitioner/A3 shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.250 of 2017 before the learned Judicial Magistrate, Nilakottai. (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 bail granted stands cancelled automatically.
sd/- 27/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.I.SABEER MOHAMED Advocate SR.No.83894 ORDER IN CRL OP(MD) No.14457 of 2017 Date :27/10/2017 SMA/RR-SM/SAR-2/01.11.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/