Madras High CourtCRL OP(MD)/9675/2018granted

Ramesh v. The Inspector Of Police

2018-06-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9675 of 2018 1 RAMESH 2 RATHINAM @ RATHINAMMAL 3 VISHU 4 JAYAKUMAR ... PETITIONERS / ACCUSED No. 1 to 4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI DISTRICT, IN CR NO. 156 OF 2018. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.SATHYA NARAYANAN Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 452, 294(b) and 506(ii) of I.P.C., and Section 3 of T.N.P.P.D.L. Act in Crime No.156 of 2018, on the file of the respondent police, seek anticipatory bail.

2. The petitioners allegedly damaged the compound wall of the defacto complainant. That appears to be worth about Rs.11⁄2 Lakhs.

3. The learned counsel for the petitioners submitted that the petitioners undertake to deposit a sum of Rs.10,000/- each. Therefore, the petitioners shall deposit a sum of Rs.40,000/-(Rupees Forty Thousand only)(in total), to the credit of Crime No.156 of 2018 on the file of the respondent before the Judicial Magistrate No.IV, Tirunelveli. It is open to the defacto complainant to withdraw the same. It is made clear that this Court has not pronounced anything on the merits of the matter. The fact that the petitioners had deposited the said amount which will not be put against them during trial.

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4. In view of the above, this Court is inclined to grant anticipatory bail to 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 No.IV, Tirunelveli and executing a bond each of them for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each 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.

5. 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/- 18/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.G.SATHYA NARAYANAN Advocate SR.No.10669.

ORDER

IN CRL OP(MD) No.9675 of 2018 Date :18/06/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/PN/GSR/20.06.2018/2P/6C