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Madras High CourtCRL OP(MD)/16258/2017granted

R.Sivanpandi v. The Inspector Of Police

2017-11-27Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16258 of 2017 1 R.SIVANPANDI 2 RAMESH 3 SUNDAR 4 MANIKANDAN ... PETITIONERS/ ACCUSED NO.1 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, MUNNEERPALAYAM POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO.360 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners: M/S.M.JEGADEESH PANDIAN, Advocate For Respondent : M/S.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 arrayed as accused Nos.1 to 4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 506(ii) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.360 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 19.11.2017, the petitioners and the defacto complainant entered into a wordy quarrel in a cattle yard dispute. The petitioners attacked the defacto complainant. Against which, the defacto complainant lodged a complaint before the respondent police. For which, the respondent police conducted an enquiry on 19.11.2017. On the said day also, the petitioners attacked the defacto complainant and her husband. Thereby, they sustained injuries and admitted in a hospital. Hence, the police registered a case against the petitioners. 3.The learned counsel for the petitioners states that the petitioners are innocent and they have not committed the alleged offence.

4.The learned Government Advocate (Criminal Side) for the State did not dispute the same.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side) and also the fact that the petitioners did not have any https://hcservices.ecourts.gov.in/hcservices/

previous case, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Tirunelveli, 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 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., for a period of four weeks and thereafter, as and when required for interrogation;

(ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners shall make himself 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/- 27/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE INSPECTOR OF POLICE, MUNNEERPALAYAM POLICE STATION,TIRUNELVELI DISTRICT.

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

+1. CC to M/S.P.MUTHU PANDI, ADVOCATE, SR NO.35279 ORDER IN CRL OP(MD) No.16258 of 2017 Date :27/11/2017 MS/PM-PN/SAR.1/30.11.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/