Pon Sekar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8896 of 2015 1 PON SEKAR 2 ANANDA BALAN 3 BALAKRISHNAN 4 ALAGESAN ... PETITIONER(S) / ACCUSED 1 TO 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT CR.NO. 92 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.BALAKRISHNAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, 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 alleged offence punishable under Sections 147, 294(b) and 506(ii) of IPC and Section 3 of the Tamil Nadu Private Property Damage and Loss Act in Crime No.92 of 2015 on the file of the respondent police, seek anticipatory bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the State.
3. It appears that this is a dispute between the petitioners and the opposite group in respect of conducting Kumbabishekam in a village temple.
4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to 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, Sathankulam, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: https://hcservices.ecourts.gov.in/hcservices/
[a] the petitioners shall report report before respondent police daily at 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation;
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] 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 petitioner 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].
[e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate(Crl. Side), as to whether the petitioners are complying with the condition or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM.
2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT. +1. CC to M/S.R.BALAKRISHNAN Advocate SR.No.25121. TS/07.05.2015/2P-6C
ORDER
IN CRL OP(MD) No.8896 of 2015 Date :06/05/2015 https://hcservices.ecourts.gov.in/hcservices/