M. Jeyapandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13300 of 2016 1 JEYAPANDI 2 RAMESH 3 VINOTHKANNAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP. BY ITS THE INSPECTOR OF POLICE VIKKIRAMANGALAM POLICE STATION, MADURAI DISTRICT, CR NO. 97 OF 2016.
... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SARAVANAN 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, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 353, 283 and 506(i) IPC, in Crime No.97 of 2016, on the file of the respondent police and hence, seek anticipatory bail.
2.The case of the prosecution is that the de facto complainant is the driver of Tamil Nadu State Transport Corporation. On 12.07.2016 at 02.15 p.m., near Eluvampatti Vilakku, the petitioners blocked the road and restrained the de facto complainant from moving the bus. When the same was questioned, the petitioners abused him in filthy language and attacked him on his face and back. On complaint case has been registered for the above said offences. 3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution. They have not involved in the alleged occurrence. 4.The learned Government Advocate (Criminal side) submitted that all the petitioners prevented the de facto complainant from moving the bus, abused him in filthy language and attacked him. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case and also considering the nature of allegation made against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain 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, Vadipatti, 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 twice i.e., at 10.00 a.m. and 05.00 p.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/- 29/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, VIKKIRAMANGALAM POLICE STATION,MADURAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SARAVANAN Advocate SR.No.40719 ORDER IN CRL OP(MD) No.13300 of 2016 Date :29/07/2016 smn SH/ARK-PV/SAR-III:04.08.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/