Parameshwari, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14997 of 2017 1 PARAMESHWARI 2 LAKSHMI 3 SHANTHI 4 MALLIKA 5 AYYADURAI ... PETITIONERS / ACCUSED NOS.1 to 5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT.
CR.NO.160 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.G.THIRUVARUTSELVAN 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 No.1 to 5, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 506 (ii) of I.P.C. and Section 4 of TNPWH Act, in Crime No.160 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a land dispute between the defacto complainant and the petitioners. On 31.10.2017, the petitioners attacked the defacto complainant, in order to prevent him from constructing the house site, due to which, the defacto complainant sustained injuries and admitted in the hospital. Hence, a case has been registered against the petitioners for the above said offences.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that no one was injured in the process.
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.III, Tirunelveli, 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 fifth petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks, and thereafter, as and when required for interrogation;
(ii) the petitioners 1 to 4 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.
(iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioners shall not abscond either during investigation or trial;
(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/- 06/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, THEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.THIRUVARUTSELVAN Advocate SR.No.33894
ORDER
IN CRL OP(MD) No.14997 of 2017 Date :06/11/2017 MKV-PM-PN-SAR 4/9.11.2017/3P-6C