Anthony Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.9916 of 2017 1 ANTHONY RAJA 2 THANGAM @ ANTHONY SAMY ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE MANAPPARAI POLICE STATION, TRICHY DISTRICT.

CRIME NO.515/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.JOEL PAUL ANTONY Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.1, & 2, who were arrested and remanded to judicial custody on 22.07.2017 for the alleged offences punishable under Sections 294(b), 323, 341 and 324 IPC and Section 3 of TNPPDL Act, 1992 in Crime No.515 of 2017, on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to wordy quarrel, the petitioners have damaged the defacto complainant's auto and caused damage to the tune of Rs.4,500/-.

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 Additional Public Prosecutor submitted that investigation is going on.

5.Considering the facts and circumstances of the case and also considering that the petitioners are in judicial custody from 22.07.2017, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions: https://hcservices.ecourts.gov.in/hcservices/

(i) 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 learned Judicial Magistrate, Manapparai, Tiruchirappalli.

(ii) the petitioners 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.

(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 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/- 31/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TIRUCHIRAPPALLI. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT. 3 OFFICER IN CHARGE, SUB JAIL, MANAPPARAI.

4 THE INSPECTOR OF POLICE, MANAPPARAI POLICE STATION, TRICHY DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.JOEL PAUL ANTONY Advocate SR.No.27594

ORDER

IN CRL OP(MD) No.9916 of 2017 Date :31/07/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-MSA-SAR 3/2.8.2017/2P-7C