Vel Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM

1. Velmurugan ... Petitioner/Accused No.1

2. S.Sakthivel ... Petitioner/Accused No.7 Vs

1. The Inspector of Police, Woraiyur (L&o) Police Station, Trichy District, Cr No. 195 of 2019.

2. Periyasamy (Impleaded as per the order of this court in Crl.M.P(MD) 6948 of 2018 on 02.08.2019) ... Respondents/Complainant For Petitioners : M/s.P.Ganapathi Subramanian, Advocate.

For Respondents : Ms. Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 195 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioners/ accused no.1 and 7, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 363 of IPC @ 366 of IPC seek anticipatory bail.

2. Heard both sides.

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3.The learned counsel appearing for the petitioners have submitted that in pursuance of the order passed by this Court the parties appeared before the Mediation and Conciliation centre of this Bench and they have settled the matter. Hence, he prayed to grant anticipatory bail to the petitioners.

4.The learned Government Advocate(Crl.Side) appearing for the respondent has submitted that the matter has been settled between the parties and she requested to pass suitable orders.

5. The Report from the Mediation centre shows that the matter has been settled between the parties.

6. Taking into consideration the fact that the matter has been settled between the parties before the medication , this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

[6] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.Iv, Trichy on condition that the petitioners shall execute a bond 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent Police, daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for the interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] 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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 02/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.JUDICIAL MAGISTRATE NO.IV,TRICHY 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE WORAIYUR (L&O) POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.12968

ORDER

IN CRL OP(MD) No.8298 of 2019 Date :02/08/2019 aav PK/PN/SAR-1/20.08.2019 : 3P/6C 3/3