Manikandan v. The Inspector Of Police
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.17182 of 2017 1 MANIKANDAN 2 POOMARI ... PETITIONERS/ACCUSED Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO. 121/2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.K.KARMEGAM, Advocate For Respondent : MR.M.ARUMUGAM, 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 petitioners, who are arrayed as Accused, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 352 and 506(i) of IPC and Section 4 of Prohibition of Harassment of Women Act, 2002, in Crime No.121 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and the defacto complainant are close relatives. There was a wordy quarrel arose about the family dispute between the petitioners and the defacto complainant. The first petitioner attacked with hands and using filthy language, there by the defacto complainant lodged a complainant before the respondent police.
3.The learned counsel appearing for the petitioners would submit that the petitioners also given a complaint against the defacto complainant and the petitioners did not commit any offence as alleged by the prosecution. Hence, pray for anticipatory bail. 4.The learned Government Advocate (Criminal side) appearing for
the State would submit that it is case and case in counter, both are relatives.
5.Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Criminal side), I am inclined to grant anticipatory bail to the petitioners on 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, Sankarankovil, Tirunelveli District, 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 appear before the respondent police daily at 10.30 a.m., for a period of two weeks thereafter, as and when required for interrogation;
(ii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(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/- 13/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.KARMEGAM Advocate SR.No.36139
ORDER
IN CRL OP(MD) No.17182 of 2017 Date :13/12/2017 PK/RR/SAR-1/19.12.2017 : 3P/6C