Kumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.6479 of 2017 1 KUMAR, 2 SUBBU RAM, ... PETITIONERS/ ACCUSED NO.1 AND 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, E-1, K.PUDUR POLICE STATION, MADURAI CITY.

(CRIME NO.653 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND 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 Accused Nos.1 & 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 448 and 506(i) of IPC, in Crime No.653 of 2017, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to the property dispute the petitioners and other accused threatened the defacto complainant with dire consequences.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and pray for anticipatory bail in favour of the petitioners. 4.It is submitted by the learned Government Advocate (Crl.Side) that no one sustained injury in the alleged occurrence.

5.Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the

alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.VI, Madurai, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners shall report before the respondent police daily at 10.00 a.m., for a period of 10 days and thereafter as and when required.

(ii)the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioners shall not abscond either during investigation or trial.

(iv) the petitioners are directed to co-operate with the enquiry.

(v) 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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.

sd/- 26/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MM/AM/TSG TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI 3 THE INSPECTOR OF POLICE, E-1, K.PUDUR POLICE STATION, MADURAI CITY.

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

+1. CC to M/S.R.ANAND Advocate SR.No.22960 GJM/PM/SAR-4-29.5.17-3P-6C

ORDER

IN CRL OP(MD) No.6479 of 2017 Date :26/05/2017