C.Petchimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16095 of 2017 1 C.PETCHIMUTHU 2 P.POONKODI 3 P.DUNESH KUMAR ... PETITIONERS/ACCUSED No.1 to 3 Vs STATE REP.BY, THE INSPECTOR OF POLICE, KURANKANI POLICE STATION, THENI DISTRICT.

(IN CRIME NO.80/2017) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.LOGANATHAN, Advocate For Respondent : MR.K.ANBARASAN, 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.1 to 3, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 448, 294(b), and 506(i) of I.P.C., in Crime No.80 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a property dispute between the petitioner and the defacto complainant. On 20.02.2017, the accused entered into the defacto complainant's property with deadly weapons and threatened the defacto complainant to leave his property. Hence, the defacto complainant lodged a complaint against the petitioners before the respondent police. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that no one sustained injury in the alleged occurrence.

5.Considering the facts and circumstances of the case and also

considering the submission made by the learned Government Advocate (Criminal side), I am inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Bodinayakanur, 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 and 3 shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks, and thereafter, as and when required for interrogation;

(ii) the second petitioner shall report before the respondent police, as and when required for interrogation;

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer; (v) the petitioners shall not tamper with evidence or witness either during investigation or trial. (vi) the petitioners shall not abscond either during investigation or trial;

(vii) the petitioners shall not commit any offence while on bail;

(viii) 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/- 23/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BODINAYAKANUR 2 THE CHEIF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE, KURANKANI POLICE STATION, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.LOGANATHAN Advocate SR.No.34954

ORDER

IN CRL OP(MD) No.16095 of 2017 Date :23/11/2017 PK/PM-PN/SAR-3/23.11.2017 : 3P/6C