Ragavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15519 of 2016 1 RAGAVAN 2 KASIRAJAN 3 HARIHARAN ... PETITIONERS/ACCUSED NOS.2 TO NO.4 Vs STATE REP BY THE INSPECTOR OF POLICE KANDAMANOOR POLICE STATION, THENI DISTRICT, (CRIME NO.126/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S P.SENGUTTUARASAN Advocate For Respondent : M/S.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.2 to 4, apprehend arrest at the hands of the respondent police for the offence punishable under Section 306 IPC, in Crime No.126 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that both the petitioners and defacto complainant are close relatives and the defacto complainant and his brothers executed a power of attorney in favour of the second accused with regard to the ancestral property of the defacto complainant and in pursuant to the said power of attorney, the second accused and others, executed a sale agreement in favour of accused Nos.5, 6 and 7. Subsequently the accused did not settle the amount to the defacto complainant. Due to that, the deceased, wife of the defacto complainant, murdered her child and committed suicide. On complaint case has been registered for the above said offences.

3.The case of the petitioner is that there is a dispute between the defacto complainant and his wife and the petitioner gave the amount to the defacto complainant and due to that the deceased has committed suicide and he is an innocent person and he has not committed any offence as alleged by the prosecution.

4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.This Court by an order dated 15.06.2016 granted anticipatory bail to the petitioner in Crl.O.P(MD)No.8994 of 2016 with certain conditions, one of the condition is to execute the sureties. But, the petitioner did not execute the sureties in time and now, the petitioner has filed this petition on the ground that due to illness, he was unable to execute the sureties in time. 6.Considering the facts and circumstances of the case and also considering the fact that this Court has already granted anticipatory bail to the petitioner in Crl.O.P(MD)No.8994 of 2016, this Court is inclined to grant anticipatory bail to the petitioner 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, Andipatti, Theni District, on condition that each of the petitioners shall execute a bond for a sum of Rs.

(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/- 24/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE ANDIPATTI THENI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KANDAMANOOR POLICE STATION, THENI DISTRICT +1. CC to M/S P.SENGUTTUARASAN Advocate SR.No.47369 RL/6C/3P/SS2/SARIII/6/9/2016

ORDER

IN CRL OP(MD) No.15519 of 2016 Date :24/08/2016