Periyapandi, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13528 of 2016 1 PERIYAPANDI 2 RAJAPANDI 3 AJITHKUMAR 4 KANAGAVALLI 5 RAJATHI ... PETITIONERS/ACCUSED 1 TO 5 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, CHINNAMANUR, THENI DISTRICT, CR. NO. 475 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S K.GUHAN, 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.1 to 5, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 342, 427 and 506(i) IPC, in Crime No.475 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 20.07.2016, at about 06.00 p.m., 100 cattles belonging to the first petitioner came to the garden of the de facto complainant and damaged the crops to the tune of Rs.20,000/- and when the same was questioned, all the petitioners restrained the de facto complainant, abused him in filthy language and also threatened him with dire consequences. On complaint, a 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 nothing to do with the alleged offence.

4.The learned counsel for the petitioners submitted that each of the petitioners is willing to deposit a sum of Rs.2,000/- to the credit of Crime No.475 of 2016 before the learned Judicial Magistrate, Uthamapalayam, Theni District.

5.The learned Government Advocate (Criminal side) submitted that the cattles belonging to the first petitioner damaged the crops of the de facto complainant to the tune of Rs.20,000/- and all the petitioners restrained the de facto complainant, abused him in filthy language and also threatened him with dire consequences and investigation is pending.

6.Considering the facts and circumstances of the case, 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, Uthamapalayam, Theni District, on condition that each of the petitioners shall deposit a sum of Rs.2,000/- to the credit of Crime No.475 of 2016 before the learned Judicial Magistrate, Uthamapalayam, Theni District and each of them 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 10.00 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].

7.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/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, CHINNAMANUR, THENI DISTRICT,

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

+1. CC to M/S K.GUHAN Advocate SR.No. 41856

ORDER

IN CRL OP(MD) No.13528 of 2016 Date :04/08/2016 SMN TE/SKS-RR/SAR-III : 09/08/2016 : 3P/6C