G.Meenatchi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8967 of 2018 1 G.MEENATCHI 2 R.GANDHI 3 G.ELANGOVAN 4 G.GANESH 5 K.DHARMARAJ 6 R.POOMAYIL 7 K.RASU ... PETITIONERS/ACCUSED No.1&3 to 8 Vs STATE THROUGH, THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO. 55 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.K.RAMANATHAN, Advocate For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are apprehended arrest at the hands of the respondent Police for the offences under Sections 109, 147, 294(b), 353, 323, 506 (ii) and 379 (NH) of I.P.C in Crime No.55 of 2018 on the file of the respondent Police. They seek Anticipatory Bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.In this case, there was a quarrel between the accused and the de facto complainant, who is the driver of the public transport bus. In the process, the cell phone that belonged to the de facto complainant was also taken away.

4.The petitioners agreed that they shall deposit a sum of Rs.6,000/- to the credit of Crime No.55 of 2018 before the Jurisdictional Magistrate Court. It is open to the de facto https://hcservices.ecourts.gov.in/hcservices/

complainant to withdraw the same. This condition is imposed on the petitioners herein.

5.The learned Government Advocate (Crl side) opposed the grant of anticipatory bail, contending that the missing cellphone is yet to be recovered.

6.Since the petitioners have come forward to compensate the de facto complainant for the loss of cell phone, in the interest of justice, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Paramakudi, Ramanathapuram District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 06/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.K.RAMANATHAN, Advocate SR.No.9597 ORDER IN CRL OP(MD) No.8967 of 2018 Date :06/06/2018 TSG PK/CM-VR/RNB/11.06.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/