Palaniyandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15468 of 2017 1 PALANIYANDI 2 MUTHURAMALINGAM 3 VALLI 4 ESWARI ... PETITIONERS / ACCUSED NOS.1 TO 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE AVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT.
CR NO. 209/2017. RESPONDENT / COMPLAINANT For Petitioners : M/S.V.RAMALINGAM 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 Nos.1 to 4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(i) and 379(NP) of I.P.C. and Section 4 of Women Harrassment Act, in Crime No.209 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner is the father in-law of the defacto complainant. There was a family dispute between the petitioners' family and the defacto complainant and thereby, the petitioners abused the defacto complainant in filthy language.
Hence, the defacto complainant lodged a complaint before the respondent police. This is the case and case in counter. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they did not commit any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State that the investigation is still pending.
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 https://hcservices.ecourts.gov.in/hcservices/
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, Aruppukkottai, 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 petitioners 1, 3 and 4 shall report before the respondent police, as and when required for interrogation;
(ii) the second petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks, and thereafter, 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/- 14/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, AVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.V.RAMALINGAM Advocate SR.No.34371 ORDER IN CRL OP(MD) No.15468 of 2017 Date :14/11/2017 MKV-PM-PN-SAR 2/20.11.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/