Nagasamy v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22641 of 2016 1 NAGASAMY 2 KARUPPANAN 3 ALAGUMEENA @ ALAGIYAMEENAL 4 SANTHI ..PETITIONERS/ACCUSED 2,3,5 & 8 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.349 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.K.R.BADURUS ZAMAN Advocate For Respondent : M/s.S.PRABHA, Government 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 alleged offence punishable under Sections 147, 148, 294(b) 323, 324, 427 and 506(ii) of IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.349 of 2016 on the file of the respondent Police, seek anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that the due to civil dispute, the petitioners along with other accused, trespassed into the house of the de-facto complainant and attacked him and caused injuries to him and caused damage to the tiles of the house of the de-facto complainant.

4.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and prays for anticipatory bail in favour of the petitioners.

5.The learned Government Advocate (Crl.side) submitted that injured person has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts and circumstances of the case and also considering 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 fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ilayangudi on condition that the petitioners shall execute a separate 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 1 and 2 shall report before the respondent Police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation and the petitioners 3 and 4 shall report before the respondent police as and when required for interrogation.

[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/- 30/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILAYANGUDI, SIVAGANGAI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

+1. CC to M/S.K.R.BADURUS ZAMAN Advocate SR.No.74757 ORDER IN CRL OP(MD) No.22641 of 2016 Date :30/11/2016 PBK/CK/SAR-I 07/12/2016 ::2P-6C:

https://hcservices.ecourts.gov.in/hcservices/