P. Dharmadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21458 of 2018

1. P. DHARMADURAI

2. S. NADIMUTHU

3. P. RAMU ... PETITIONERS / ACCUSED 1 to 3 Vs state, rep. By THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT, IN CR NO. 312 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : MR.D.RAMESHKUMAR Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(i) IPC and Section 3 of TNPPDL Act in Crime No.312 of 2018, seek anticipatory bail.

2.The petitioners/Accused Nos.1,2 and 3 and defacto complainant are neighbours and owning adjacent shops. Due to previous motive, the petitioners had assaulted the defacto complainant and damaged his shop worth Rs.3,000/-.

3.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with a cost of Rs.3000/- (Rs.1000/- each) payable to the defacto complainant for the damages caused by the petitioners. 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, Karaikudi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of https://hcservices.ecourts.gov.in/hcservices/

the learned Magistrate concerned and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen days, this order shall stand automatically cancelled without any reference to the Court. [b] the petitioners shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 05/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, KARAIKUDI

2. DO THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT

3. THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT

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

+1. CC to MR.D.RAMESHKUMAR Advocate SR.No.22722

ORDER

IN CRL OP(MD) No.21458 of 2018 Date :05/12/2018 https://hcservices.ecourts.gov.in/hcservices/ PNN MK/VR MMS/SAR 2/12.12.2018/2P/6C