Ramasamy Konar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) Nos.929,1252 & 1254 of 2015 1 RAMASAMY KONAR 2 RAMAIAH 3 GANESAN 4 RENGANATHAN 5 KRISHNAN 6 MUTHALU 7 RAMAIAH 8 THANUKODI 9 RAMACHANDRAN 10 JEYAPANDI 11 RAVI 12 KUMARESAN 13 RAMASAMY 14 VELLAISAMY 15 JEGANATHAN 16 KANAGARAJ 17 MANOHARAN 18 LAKSHMANAN 19 MUTHALU @ M.L.A 20 CHINNATHAMBI 21 MUTHUKRISHNAN 22 RAVI 23 GANESAN 24 CHANDRAN ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD).929 OF 2015 1 GANESAN 2 ANANDAN 3 RASU 4 GANESAN 5 RAMAIAH 6 RAMAIAH 7 KUMARESAN 8 ANNASAMY 9 MOHAN 10 PANDIAN 11 CHINRAJ 12 KODEESWARAN 13 KILINDON 14 KUMARESAN 15 KUMAR 16 V.R.RAJENDRAN ... PETITIONER/ACCUSED NO.5,6,8,9,10,12,18, 19, 21 TO 27 & 31 IN CRL OP(MD). 1252/ 2015
1 VASUKI 2 PAPPATHI 3 RANI 4 DEIVANAI 5 MALAR 6 KANGA @ KANGA DURGA 7 SAVITHIRI ... PETITIONERS/ACCUSED NO.32, 34 TO 39 IN CRL OP(MD). 1254/ 2015 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT.
CR.NO.4/2015. ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S.B.ANANDAN Advocate IN CRL OP(MD).NO.929/2015 For Petitioner : M/S.E.BALASUBRAMANIAN IN CRL OP(MD)Nos. 1252 & 1254/ 2015 For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS 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 offences punishable under Sections 147, 148, 149, 294(b), 323, 324, 427, 436 and 506(ii) of Indian Penal Code r/w 3(1) of TNPPDL Act in Crime No.4 of 2015 on the file of the respondent police, seek anticipatory bail.
2. It is the case of the prosecution that all these accused belong to a particular Village and there was a group clash amongst the same community members. In that clash, it is alleged that they have damaged the vehicle of the Deputy Superintendent of Police and caused damage of Rs.5,000/-.
3. Taking into consideration 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, Alangudi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees ten thousand only) with one surety 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 in Crl.O.P.(MD)Nos.929 and 1252 of 2015
shall reside at Thiruthani and sign before the Thiruthani Police Station twice a day at 10:30 a.m., in the morning and 06:30 p.m., in the evening for a period of four weeks and thereafter, as and when required for interrogation. The petitioners in Crl.O.P.(MD)No.1254 of 2015 shall report before the respondent police 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 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]. sd/- 28/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3 THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE INSPECTOR OF POLICE, THIRUTHANI POLICE STATION, THIRUTHANI +1. CC to M/S.B.ANANDAN Advocate SR.No.3797 +2. CC TO M/S.E.BALASUBRAMANIAN, ADVOCATE SR.NO.3795 & 3796
ORDER
IN CRL OP(MD) Nos.929,1252 & 1254 of 2015 Date :28/01/2015 NA/29/01/2015/P3/9C