S. Pandiyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5433 of 2016 1 S. PANDIYARAJ 2 RAJU 3 RANJITH 4 ARUMUGA PANDI 5 CHELLASAMY 6 DEIVAKANI 7 ANUSIYA ... PETITIONERS/ACCUSED NO.1,2,4,5,10,11 & 12 Vs STATE REP BY THE INSPECTOR OF POLICE KEELARAJAKULARAMAN POLICE STATION, VIRUDHUNAGAR DISTRICT, CR NO. 91 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.GANESH PRABU Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324, 307 and 506(ii) I.P.C., in Crime No.91 of 2016, on the file of the respondent Police, seek anticipatory bail.

2. Heard Mr.R.Ganeshprabu, learned counsel appearing for the petitioners / accused 1, 2, 4, 5, 10, 11 and 12 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. The learned Government Advocate (Criminal Side) submitted that this is a case and counter and the counter case has been registered in Crime No.90 of 2016. Further, the injured has been discharged from the hospital and there is no previous case as against the petitioners / accused 1, 2, 4, 5 , 10, 11 and 12.

4. Taking into consideration the above facts and the nature of allegations made against the petitioners / accused 1, 2, 4, 5 , 10, 11 and 12, this Court is of the view that this is a fit case to grant anticipatory bail to them. 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, Rajapalayam, Virudhunagar District, on condition that each of the petitioners / https://hcservices.ecourts.gov.in/hcservices/

accused 1, 2, 4, 5 , 10, 11 and 12 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 1 to 5 / accused 1, 2, 4, 5 and 10 shall report before the respondent Police daily at 06.30 p.m., until further orders and the petitioners 6 and 7 / accused 11 and 12 shall report before the respondent Police as and when required for interrogation.

(ii)the petitioners / accused 1, 2, 4, 5 , 10, 11 and 12 shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioners / accused 1, 2, 4, 5 , 10, 11 and 12 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 / accused 1, 2, 4, 5 , 10, 11 and 12 in accordance with law as if the conditions have been imposed and the petitioners / accused 1, 2, 4, 5 , 10, 11 and 12 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].

5. 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/- 30/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE KEELARAJAKULARAMAN POLICE STATION,VIRUDHUNAGAR DISTRICT, 2 THE JUDICIAL MAGISTRATE,RAJAPALAYAM, VIRUDHUNAGAR DISTRICT 3 THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S R.GANESH PRABU Advocate SR.No.17545 ORDER IN CRL OP(MD) No.5433 of 2016 Date :30/03/2016 AA/GSV-PM/SAR-I/04.04.2016/2p-7c https://hcservices.ecourts.gov.in/hcservices/