S.A.Mahendra Babu v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22097 of 2016 1 S.A.MAHENDRA BABU 2 S.RAJAMOHAMEED 3 R.S.RAGUNATHAN 4 K.GOPALAKRISHNAN 5 M.SUBRAMANIAN ... PETITIONERS Vs State through THE INSPECTOR OF POLICE, KODAIKANNAL POLICE STATION, DINDUGAL DISTRICT.

DINDUGAL (CRIME NO.490 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.CHELLAPANDIAN 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 offence punishable under Section 506(i) IPC in Crime No.490 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 earlier the defacto complainant has lodged a complaint against the petitioners and the same is pending on the file of DCB, Dindigul, due to which, the petitioners threatened the defacto complainant to withdraw the same. 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 no one sustained injury in the incident.

6.Taking note of the facts and circumstances of the case, as no one sustained injury in the incident, I am 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, Kodaikanal, Dindigul District, subject to the following conditions: https://hcservices.ecourts.gov.in/hcservices/

(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 2 to 5 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and the first petitioner shall report before the respondent police as and when required for interrogation;

(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/- 22/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KODAIKANAL, DINDIGUL DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE, KODAIKANNAL POLICE STATION, DINDUGAL DISTRICT, DINDUGAL 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.CHELLAPANDIAN Advocate SR.No.71336 sm:MPA:SAR 3:25/11/2016:2P/6C

ORDER

IN CRL OP(MD) No.22097 of 2016 Date :22/11/2016 https://hcservices.ecourts.gov.in/hcservices/