Chinnasamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice P.KALAIYARASAN CRL OP(MD) No.7900 of 2016 1 CHINNASAMY 2 MURUGAN ... PETITIONER / ACCUSED No.4,5 Vs State through THE SUB INSPECTOR OF POLICE PUTTHANATHAM POLICE STATION, TRICHY DISTRICT.

IN CRIME NO. 87 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MUNIYANDI 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 / Accused Nos.4 and 5, apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 379 and 511 I.P.C., in Crime No.87 of 2016, on the file of the respondent Police, seek anticipatory bail.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the State.

3. The learned counsel for the petitioners submits that the prime accused viz., Accused Nos.1 and 2, have already been arrested and released on bail and the petitioners are arrayed only as Accused Nos.4 and 5 and they are no way connected with the crime. 4.The learned Government Advocate also admits that the prime accused have already been arrested and released on bail.

5. Taking into consideration the above facts and circumstances of the case, this Court is of the view that this is a fit case 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 petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

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 10.30 a.m., for a period of one month and thereafter they shall report before the learned Judicial Magistrate, Aruppukottai, once in a week i.e., on every Monday at 10.30 a.m., for a period of one month. (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].

sd/- 11/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE SUB INSPECTOR OF POLICE PUTTHANATHAM POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S S.MUNIYANDI Advocate SR.No.26220 sm:GSV:SAR III:12.5.2016:2P/6C

ORDER

IN CRL OP(MD) No.7900 of 2016 Date :11/05/2016 https://hcservices.ecourts.gov.in/hcservices/