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Madras High CourtCRL OP(MD)/6342/2017granted

P.Senthil@Senthilkumar v. The Inspector Of Police

2017-05-24Honourable Mr Justice C.V. Karthikeyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.6342 of 2017 1 P.SENTHIL @ SENTHILKUMAR 2 P.RAJENDRAN 3 M.MALLIKA 4 S.THANGARAJ 5 SIVAKAMI 6 M.MANI @ SUBRAMANI 7 RAJA @ RAJENDRA PRASATH 8 N.DHARMALINGAM 9 P.RAJENDRAN 10 V.MURUGESAN 11 MARUTHAYEE ... PETITIONERS / ACCUSED 1 AND OTHERS RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, KARUR DISTRICT.

CRIME NO. 156/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MATHIYALAGAN Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / accused, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 147, 148, 448 and 188 IPC r/w Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, in Crime No.156 of 2017 on the file of the respondent Police, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent Police. 3.The case of the prosecution is that on 18.05.2017 at about 2.00 p.m. the accused shouted in front of the TASMAC shop and thrown out the liquor bottles and caused damage worth Rs.22,368/-. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioners submitted that the petitioners are in no way connected with the alleged offence and

they are innocent and they have been falsely implicated in this case.

5.The learned Government Advocate (Crl.side) submitted that investigation is pending.

6.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioners, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Karur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (rupees ten thousand only) each 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 petitioners shall report before the said Court once in a week i.e., on every Monday at 10.30 a.m., until further orders. [b]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioners 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 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). sd/- 24/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, KARUR DISTRICT.

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

+1. CC to M/S.R.MATHIYALAGAN Advocate SR.No.22766

ORDER

IN CRL OP(MD) No.6342 of 2017 Date :24/05/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-MSA-SAR 3/26.5.2017/2P-6C