Mathan Ranjith, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21915 of 2018 1.MATHAN RANJITH, 2 RAJESH KANNAN, 3 VIJAY ANAND, 4 KANCHANA, 5 VIJAYA LAKSHMI, 6 PREMALATHA, 7 YOGAPRIYA, 8 SIVAKUMAR, ... PETITIONERS/ ACCUSED NOS. 1 TO 8 9 SANGILIMADAN, 10 BALUCHAMY, ... PETITIONERS/ ACCUSED NOS. 9 TO 10 Vs STATE THROUGH THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI TOWN.
MADURAI DISTRICT.
(IN CRIMENO.2/2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.R.RAJAMOHAN Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused 1 to 10, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498-A and 506(i) I.P.C, in Crime No.2 of 2018, seek anticipatory bail.
2.According to the petitioners, the first petitioner is the husband and the other petitioners are in-law of the defacto complainant respectively. They were already granted anticipatory bail by this Court in Crl.O.P.(MD).No.18831 of 2018, on 24.10.2018 with a condition that each of the petitioners should execute a bond for a sum of Rs.10,000/- with two sureties for a likesum. Since
there are 10 petitioners and they are hailing from the same family, they are unable to arrange for such number of sureties. Hence, they could not comply with the condition and the anticipatory bail petition was dismissed for non-complying the condition. 3.Heard the learned Government Advocate (Crl.Side) appearing for the respondent in this regard.
4.Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions; 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Additional Mahila Court, (Judicial Magistrate Level), Madurai, on condition that the petitioners shall each execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that;
[a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent Police as and when required for 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 12/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE ADDITIONAL MAHILA JUDGE, (JUDICIAL MAGISTRATE LEVEL), MADURAI.
2.DO THRO'THE CHIEF JUDICAIL MAGISTRATE, MADURAI DISTRICT.
3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.R.RAJAMOHAN Advocate SR.No.23122
ORDER
IN CRL OP(MD) No.21915 of 2018 Date :12/12/2018 AE/JC/SAR3/17.12.2018/3P/6C