Gopal v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.554 of 2017 1 GOPAL 2 MUTHUPANDI 3 AYYANAR ... PETITIONERS/ACCUSED NOS.1 TO 3 Vs THE STATE REP.BY , THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.
CRIME NO.16 OF 2017 ... RESPONDENT/RESPONDENT For Petitioner : M/S.N.ANANDAKUMAR Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(ii) of IPC., and Section 3 of TNPPDL Act, in Crime No.16 of 2017, seek anticipatory bail.
2. The learned counsel appearing for the petitioners states that the petitioners herein are A1 to A3 respectively and the defacto complainant is a Salesman in a TASMAC Shop, selling the liquor bottles exceeding the maximum retail price and hence, the petitioners questioned the same. Therefore, the defacto complainant foisted a false complaint against the petitioners herein.
3. The learned Government Advocate (crl.side) appearing for the respondent states that totally there are five accused in this case and the petitioners herein are A1 to A3 respectively and A4 and A5 were arrested and in custody. He would further states that the accused came to the shop and asked a particular brand of Brandi, but the defacto complainant stated that the said brand is not available in the shop and hence, the petitioners got enraged and scolded him with filthy language and attacked him with hand and threatened him https://hcservices.ecourts.gov.in/hcservices/
with dire consequences and also damaged some of beer bottles worth about Rs.3000/-.
4. Considering the above 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, Manamadurai, on condition that each petitioners shall execute 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that each petitioner shall deposit a sum of Rs.600/- (Rupees Six Hundred Only) in Crime No.16 of 2017, before the learned Judicial Magistrate, Manamadurai and on further condition that the petitioners shall report before respondent police daily at 10.30 a.m., until further orders, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.
5. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 20/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,MAMAMADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.V.SELVA, Advocate SR.No.3443
ORDER
IN CRL OP(MD) No.554 of 2017 Date :20/01/2017 MPK CSL/SV/SAR-II/24.01.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/