Madras High CourtCRL OP(MD)/17170/2017granted

S.Veerapathran Alias Annamalai v. `The Inspector Ofpolice

2017-12-13Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17170 of 2017 S.VEERAPATHRAN ALIAS ANNAMALAI ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.

CR NO. 1251/2017. ... COMPLAINANT/RESPONDENT For Petitioner : M/S.V.GANAPATHY SUBRAMANIAN Advocate For Respondent : MR.M.MURUGAN, Advocate for MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as an Accused No.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 353 and 506(i) of I.P.C. read with 3(1) of Prevention of Damage to Public Property Act, in Crime No.1251 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that during the death procession of one relative of the petitioner, the Transport Corporation bus came in a opposite direction, thereby the petitioner along with the other accused had attacked the transport corporation bus and damaged the mirror of the bus worth about Rs.5,000/- and also abused the defacto complainant with filthy language and threatened him. Hence, the defacto complainant/ the conductor of the bus lodged a complaint before the respondent police.

3.The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the co-accused were arrested and remanded to judicial custody and hence, he prays for anticipatory bail.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that A2 to A4 were already arrested and remanded to judicial custody and the petitioner is arrayed as the first accused.

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 petitioner/A1 with certain conditions. Accordingly, the petitioner is 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 Judicial Magistrate, Melur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) 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 petitioner shall shall deposit a sum of Rs.

5,000/- (Rupees Five Thousand) to the credit of Crime No.1251 of 2017 before the Trial Court and thereafter, the learned Judicial Magistrate, Melur shall disburse the amount in favour of the Tamil Nadu State Transport Corporation, Melur immediately. (ii) the petitioner/A-1 shall appear before the concerned respondent police daily at 10.30 a.m.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer; (iv) the petitioner shall not abscond either during investigation or trial;

(v) the petitioner 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 petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 13/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.V.GANAPATHY SUBRAMANIAN Advocate SR.No.36104

ORDER

IN CRL OP(MD) No.17170 of 2017 Date :13/12/2017 PK/RR/SAR-1/19.12.2017 : 3P/6C