Sankili v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16326 of 2017 1 SANKILI 2 GURU ... PETITIONERS / ACCUSED No.1 Vs THE STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT, IN CRIME NO. 370 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.JEGADEESH PANDIAN Advocate For Respondent : Mr.K.ANBARASAN, Govt. 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) and 506(ii) of I.P.C. r/w. Section 3 of the TNPPDL Act, 1992, in Crime No.370 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there was a pathway dispute between the petitioners and the defacto complainant, on 10.11.2017, the petitioners attacked the defacto complainant and thereby, caused damages worth about Rs.5,000/- (Rupees Five Thousand only). Hence, the defacto complainant lodged a complainant before the respondent police.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) appearing for the State reiterate the prosecution as above. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the
petitioners, 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 No.II, Virudhunagar, 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 shall deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Crime No.370 of 2017 before the learned Judicial Magistrate No.II, Virudhunagar, without prejudice to their defence before the trial Court. After such deposit, the trial Court shall accept the sureties furnished by the petitioners.
(ii) the petitioners shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks, and thereafter, as and when required; (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 abscond either during investigation or trial;
(vi) the petitioners shall not commit any offence while on bail;
(vii) 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/- 28/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRDUHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.JEGADEESH PANDIAN Advocate SR.No.35314 JAM/06.12.17/PM-PN/ SAR 3 / 3P-6C
ORDER
IN CRL OP(MD) No.16326 of 2017 Date :28/11/2017