Ponnusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21664 of 2016 1 PONNUSAMY 2 BALAMURUGAN 3 JOTHIMANICKAM 4 RAJALINGAM ... PETITIONERS / ACCUSED NO 1 TO 4 Vs THE INSPECTOR OF POLICE K.PUDUR POLICE STATION, MADURAI (CR.NO.1447 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.P.NARAYANAKUMAR Advocate For Respondent : M/S.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 apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294 (b), 323, 324, 427 and 506(ii) IPC in Crime No.

1447 of 2016 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and the de facto complainant are the members in an Association. Due to some dispute arose between them, the petitioners attacked the de facto complainant and his driver and threatened him with dire consequences and also damaged his car.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that injured person has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also taking note of the fact that injured person has been discharged from the hospital, 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 https://hcservices.ecourts.gov.in/hcservices/

No.VI, Madurai, on condition that 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 learned Magistrate concerned and on further condition that:

[a]the petitioners shall report before the respondent Police daily at 10.30 a.m. initially for a period of one week and thereafter, on all Sundays at 10.30 a.m. until further orders and also as and when required;

[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/- 21/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.

2 -DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE K.PUDUR POLICE STATION, MADURAI 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.VADIVELAN Advocate SR.No.70785

ORDER

IN CRL OP(MD) No.21664 of 2016 Date :21/11/2016 https://hcservices.ecourts.gov.in/hcservices/ ANR/CK/SAR1/07.12.2016/2P/6C