Madras High CourtCRL OP(MD)/4565/2016ordered

Ramachandran v. The Inspector Of Police

2016-03-21Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4565 & 4593 of 2016 1 RAMACHANDRAN 2 VIJAYA PRABAKARAN 3 PERIYA MUTHUSAMY ... PETITIONERS 1 to 3 / A1 to A3 Vs State represented by its THE INSPECTOR OF POLICE M. REDDIYA PATTY POLICE STATION, VIRUDHUNAGAR DISTRICT, CR NO. 57 /2016. RESPONDENT / COMPLAINANT 1 MOOKIAH 2 VEERANAGU 3 VEERAPANDI 4 VEERAPOOCHAN ... Petitioners/Accused No.1 to 4 in CRL OP(MD). 4593/ 2016 - Vs. - The State rep.by its THE SUB INSPECTOR OF POLICE M. RETTIYAPATTI POLICE STATION, VIRUDHUNAGR DISTRICT, CR NO.56/16. Respondent/Complainant in CRL OP(MD). 4593/ 2016 For Petitioner : M/S M.SENTHIL AYYANAR Advocate in Crl.OP.(MD).No.4565 of 2016 For Petitioner : M/S A.

Baskaran, Advocate in Crl.OP.(MD).No.4593 of 2016 For Respondent : Mr.A.P.Balasubramani Govt. Advocate ( Crl. Side) in both the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in Crl.O.P.(MD) No.4565 of 2016, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 323 and 506(i) I.P.C., in Crime No.57 of 2016, on the file of the respondent Police, seek anticipatory bail.

2. The petitioners in Crl.O.P.(MD) No.4593 of 2016, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 294(b), 323 and 506(i) I.P.C., in Crime No.56 of 2016, on the file of the respondent Police, seek anticipatory bail.

3. Heard Mr.Senthil Ayyanar, learned counsel appearing for the petitioners / accused 1 to 3 in Crl.O.P.(MD) No.4565 of 2016 , Mr.A.Baskaran, learned counsel appearing for the petitioners / accused 1 to 4 in Crl.O.P.(MD) No.4593 of 2016 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State in both criminal original petitions.

4. It is seen that both the cases are case and counter case and the injured have been discharged from the hospital in both the cases.

5. Taking into consideration the nature of allegations made against the petitioners in both criminal original petitions, this Court is of the view that these are fit cases to grant anticipatory bail to the petitioners. Accordingly, they 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, Aruppukottai, on condition that each of 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 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:

(i) the petitioners shall report before the respondent Police daily at 06.30 p.m., until further orders. (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall not abscond either during investigation or trial.

(iv) 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].

6. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not. sd/- 21/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE M. REDDIYA PATTY POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

5 THE SUB INSPECTOR OF POLICE M. RETTIYAPATTIL POLICE STATION, VIRUDHUNAGR DISTRICT.

+1. CC to M/S M.SENTHIL AYYANAR Advocate SR.No.15761 +1cc to M/s.A.Baskaran, Advocate SR.No.16420 sm:SKS-RR:SAR I:24.3.2016:3P/8c

ORDER

IN CRL OP(MD) No.4565 & 4593 of 2016 Date :21/03/2016