Esakki 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) Nos.8952,8959,8981 and 8982 of 2015 1 ESAKKI 2 PETCHIMUTHU 3 ESAKKIRAJ 4 PERUMAL 5 PETCHI @ KOYA PETCHAI 6 RAJAPANDI 7 ARUNA 8 ESAKKI 9 GANESAN @ MANI ... PETITIONER(S) / ACCUSED 3.4.6.7.9.10.11.14and 15 3.4.6.7.9.10.11.14.1.IN ALL THE PETITIONS Vs THE STATE REP. BY THE INSPECTOR OF POLICE SRIVAIGUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.
... RESPONDENT / COMPLAINANT IN ALL THE PETITIONS (CR.NO.77/15) ...CRL OP(MD) Nos.8952 of 2015 (CR.NO.76/15) ...CRL OP(MD) Nos.8959 of 2015 (CR.NO.79/15) ...CRL OP(MD) Nos.8981 of 2015 (CR.NO.78/15) ...CRL OP(MD) Nos.8982 of 2015 For Petitioner : M/S.S.R.DURAI RAJ Advocate IN ALL THE PETITIONS For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) IN ALL THE PETITIONS PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. COMMON ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime Nos.76, 77, 78 and 79 of 2015 on the file of the respondent police for offences under Sections 147, 148, 294(b) and 506(ii) of I.P.C., and Sections 3 and 4 of TNPPDL Act, the petitioners are now before this Court seeking Anticipatory Bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).
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3. The case of the prosecution is that one Pitchaiya Thevar was murdered and thereafter, the accused in these cases have caused damage to the property of the accused involved in the case of murder.
4. It appears that this Court has granted bail to the co-accused in Crl.O.P.(MD).Nos.6931 to 6934 of 2015.
5. Following the same, this Court is 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, Srivaigundam, Thoothukudi District on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) (for each case) each 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, (a) the petitioners shall stay at Tenkasi and report before the Tenkasi Town Police Station daily at 10.00 a.m. until further orders. [b] in respect of Crime No.
76 of 2015, the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each and in respect of Crime Nos.77, 78 and 79 of 2015, the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of respective crime numbers before the learned Judicial Magistrate, Srivaigundam, Thoothukudi District and at the end of the trial, the learned trial Judge is directed to disburse the amount as compensation to the victims if any, (c)the petitioners shall give their thumb impression, specimen signatures and handwritings.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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].
[g] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.side), whether the petitioners are complying with the order or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SRIVAIGUNDAM.
2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE SRIVAIGUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE OFFICER INCHARGE, TENKASI TOWN POLICE STATION, TENKASI +2. CC to M/S.S.R.DURAI RAJ Advocate SR.No.25184, 25185 TS/07.05.2015/2P-8C
ORDER
IN CRL OP(MD) Nos.8952,8959, 8981 and 8982 of 2015 Date :06/05/2015 https://hcservices.ecourts.gov.in/hcservices/