Malaisingam @ Seyon v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4261 of 2017 1 MALAISINGAM @ SEYON 2 SELVAM 3 MUNIS 4 NAGARJUN @ NAGAARJUN 5 DINESH 6 NAGASELVAM 7 NAGENDRAN @ NARENDRAN ... PETITIONERS/ACCUSED NOS.1,2,3,4,5, 7 AND 8 Vs STATE REP.BY, THE INSPECTOR OF POLICE THONDI POLICE STATION, THIRUVADANAI TALUK, RAMANATHAPURAM DISTRICT.

CRIME NO.99 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) For Intervenor : M/S.V.PANNEER SELVAM, Advocate 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 A5, A7 & A8 in Crime No.99 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), 323, 324 and 307 IPC 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 during the enquiry with regard to the missing of phone, the petitioners along with the other accused are alleged to have abused the defacto complainant and others in filthy language and also attacked them. https://hcservices.ecourts.gov.in/hcservices/

It is a case of case in counter. Now, both the parties have entered into compromise in this matter.

4.The learned Government Advocate appearing for the respondent / Police submitted that it is a case of case in counter and that in this case A4, A5 and A7 were arrested and therefore, this petition may be dismissed in respect of A4, A5 and A7. The investigation is pending.

5.Considering the submission of the learned Government Advocate, this petition is dismissed in respect of A4, A5 and A7. However, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 1 to 3 & 8 with certain conditions. Accordingly, the petitioners 1 to 3 & 8 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District and on each executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one common surety for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 1 to 3 & 8 shall appear before the respondent police as and when required for interrogation.

The petitioners 1 to 3 & 8 shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 6.The petitioners 1 to 3 & 8 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/- 27/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THIRUVADANAI, RAMANATHAPURAM DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE THONDI POLICE STATION,THIRUVADANAI TALUK,RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND Advocate SR.No.21427

ORDER

IN CRL OP(MD) No.4261 of 2017 Date :27/04/2017 CSL/BS/SAR-II/02.05.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/