P.Dharma v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.AUTHINATHAN CRL OP(MD) No.5591 of 2017 P.DHARMA ... PETITIONER / ACCUSED NO.4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO. 79 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.MURALIKUMAR Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.4, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 153 and 290 IPC and Section 3 of TNPPDL Act, in Crime No.79 of 2017 on the file of the respondent police, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3.According to the petitioner, due to political rivalry he has been falsely implicated in this case.

4.The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that anticipatory bail may be granted to the petitioner. 5.The learned Government Advocate (Criminal Side) submitted that due to political rivalry, the petitioner and other accused damaged the flag post of the party and committed the alleged offence. He has also submitted that A.1 and A.2 were already arrested and released on bail.

https://hcservices.ecourts.gov.in/hcservices/ 6.Having regard to the fact that the co-accused have already been arrested and released on bail and in view of the fact that the

petitioner is aged 19 years, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Devakottai, on condition that the petitioner 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:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. sd/- 04/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.MURALIKUMAR Advocate SR.No.21897

ORDER

IN CRL OP(MD) No.5591 of 2017 Date :04/05/2017 MKV-MSA-SAR 4/5.5.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/