Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.20906 of 2016 1 SARAVANAN 2 SUMATHI ... PETITIONERS/ACCUSED NO.2 & 3 Vs STATE REP.BY , THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT, CRIME NO.405/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.KANNAN 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 :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 353, 427, 323 and 506(i) of IPC, in Crime No.405 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that while the defacto complainant and other officials removing the Brick Cubicle situated in the Government Land with the help of the J.C.B vehicle, the petitioners prevented them to do their official duty and scolded with filthy language and threatened him.

4.It is the case of the petitioners that they are innocent and they have been falsely implicated in this case. 5.Learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 6.Taking note of the facts and circumstances of the case, as the injured has been discharged from the hospital, this Court is

inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Natham subject to the following conditions:

(i) each of the 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 Magistrate concerned;

(ii) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioners shall not abscond either during investigation or trial;

(v) on breach of any of the aforesaid conditions, the 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 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/- 03/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NATHAM, DINDIGUL DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.KANNAN Advocate SR.No.65557

ORDER

IN CRL OP(MD) No.20906 of 2016 Date :03/11/2016 CSL/CK/SAR-I/09.11.2016: 2P/6C https://hcservices.ecourts.gov.in/hcservices/