Balaganesan @ Murugaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8685 of 2017 1 BALAGANESAN @ MURUGAIAH 2 SHANMUGAIAH ... PETITIONERS/ ACCUSED NO.1 & 2 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO. 351/2016) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR 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) and 506(ii) IPC in Crime No.351 of 2016 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute, wordy quarrel arose between the petitioners and the de facto complainant.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that a suit in O.S.No.124 of 2016 has been filed by the petitioners family and the same is pending before the District Munsif, Sivagiri and an order of stay was also granted.

4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that the petitioners are arrayed as A1 and A2 in this case. He also submitted that investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also taking note of the nature of allegations levelled against these

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, Sivagiri, 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 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/- 11/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NBJ TO 1 THE JUDICIAL MAGISTRATE,SIVAGIRI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.26447 GJM/CM/MSA/SAR-3-14.7.17-2P-6C

ORDER

IN CRL OP(MD) No.8685 of 2017 Date :11/07/2017 https://hcservices.ecourts.gov.in/hcservices/