Lakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12881 of 2016 1 LAKSHMI 2 R.MARKANDAN 3 M.SILAMBARASAN 4 SATHIYA @ SATHIYABHAMA ... PETITIONERS/ACCUSED Nos.3,4,7,9 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, VACHAKARAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR. NO.59/2015 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.G.MARIMUTHU, ADVOCATE FOR RESPONDENT : Mr.P.KANNITHEVAN, GOVERNMENT 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.3,4,7 & 9, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 323, 294(b), 448, 427, 354 and 506(i) of IPC, in Crime No.59 of 2015, on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and pray for anticipatory bail in favour of the petitioners. 3.The learned counsel for the petitioner submitted that the coaccused Nos.1,2,5 & 6 were granted anticipatory bail by the Principal Sessions Court, Virudhunagar District in Cr.M.P.No.1319 of 2015, dated 06.03.2015.

4.It is submitted by the learned Government Advocate (Crl.Side) that no one sustained injury in the alleged occurrence. 5.Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the alleged occurrence and the co-accused Nos.1,2,5 & 6 were granted anticipatory bail by the Principal Sessions Court, Virudhunagar District in Cr.M.P.No.1319 of 2015, dated 06.03.2015, this Court is inclined to grant anticipatory bail to the petitioners, with certain https://hcservices.ecourts.gov.in/hcservices/

conditions. Accordingly, they 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.I, Virudhunagar, on condition that each of the petitioners shall execute a 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 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 shall report before the respondent Police daily at 10.30 a.m. until further orders. (ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners shall not abscond either during investigation or trial.

(iv)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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.

sd/- 26/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE NO.1, VIRUDHUNAGAR.

2. THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, VACHAKARAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.MARIMUTHU Advocate SR.No. 39586 ORDER IN CRL OP(MD) No.12881 of 2016 AM Date :26/07/2016 TE/ARK-PV/SAR-III : 29/07/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/