Parisamuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4241 of 2017 1 PARISAMUTHU 2 ANGAPLPAN @ KUMAR 3 MURUGAN @ VELMURUGAN 4 ESAKKI @ ESAKKIAPPAN 5 SUBBU @ SUBBURAJ 6 PANDI @ MUTHUPANDI ... PETITIONERS/ACCUSED NO.1 TO 6 Vs STATE REP.BY, THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO.54 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.MAHARAJAN Advocate For Respondent : MRS.S.PRABHA, 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 A1 to A6 in Crime No.54 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 506(ii), 307 and 379 IPC r/w Section 21 of the Mines and Minerals Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel for the petitioners submitted that it is alleged in the complaint that when the defacto complainant stopped the sand laden lorries in Nallur Kanmoi, the petitioners threatened the defacto complainant, restrained him from doing his duty and also attempted to murder him. Since the petitioners refused to pay bribe, this false complaint has been lodged by the defacto complainant against the petitioners. The petitioners are nothing to do with the alleged offences.

4.The learned Government Advocate appearing for the respondent / Police submitted that the first accused has one https://hcservices.ecourts.gov.in/hcservices/

previous case and in respect of the other accused, there is no previous case and that the investigation is pending. 5.Considering the facts and circumstances of the case, this Court is 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 before the learned Judicial Magistrate, Srivaikundam and on each executing 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 learned Magistrate concerned and on further conditions that the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 17/04/2017 / TRUE COPY / Sub-Asistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM, TUTICORIN DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE INSPECTOR OF POLICE, KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.MAHARAJAN Advocate SR.No.20255 GCG CSL/BS/SAR-II/19.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.4241 of 2017 Date :17/04/2017 https://hcservices.ecourts.gov.in/hcservices/