Krishnan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16844 of 2017 1 KRISHNAN 2 MALLIKA 3 PERIYATHAMBI @ ARUMUGAM 4 ARUMUGAM 5 KRISHNAN 6 ARULSELVAN 7 MAYAVAN 8 KAMALAKANNAN ... PETITIONERS/ACCUSED 1 to 8 Vs THE STATE BY THE INSPECTOR OF POLICE, PALANI TALUK POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT, CRIME NO.1027/2015 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.D.VENKATESH 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 Nos.1 to 8, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 447, 451, 379, 294(b), 426 & 506(ii) of I.P.C. in Crime No.1027 of 2015, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to the property dispute the defacto complainant filed a complaint before the respondent police.

3.The learned counsel appearing for the petitioner would submit that the petitioners have not committed any offence as alleged by the prosecution and on only civil dispute the case was falsely foisted against the petitioners.

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4. The learned Government Advocate (Crl.side) appearing for the State submitted that since the crime number is of the year 2015, there was no necessity to kept pending for this petition.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.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, Palani, 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 report before the respondent police, 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 not abscond either during investigation or trial;

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

(v) 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/- 07/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE, PALANI TALUK POLICE STATION, PALANI TALUK, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.VENKATESH Advocate SR.No.35849 ORDER IN CRL OP(MD) No.16844 of 2017 Date :07/12/2017 SMA/RR/SAR-3/13.12.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/