S. Sathish v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9694 of 2016 1 S. SATHISH 2 A.VIJAYA KUMAR 3 N. MUNIASAMY 4 C. KALEESWARAN 5 C. RAMU 6 M. VINOTH KUMAR 7 G. VELLIKUMAR 8 S. MUTHURAJA 9 A. CHELLADURAI 10 K. ANAND 11 R. BASKAR 12 D. MURUGASELVAM 13 R. RAJENDRAN 14 R. MUTHU 15 G. VIDALAISELVAM 16 B. MALAR MANNAN 17 V. MAYALAGU 18 M. PANDI 19 R. SELVAM 20 D. RAJKUMAR 21 M. SETHURAMAN 22 A. RAMAKANNU 23 M. RAJENDRAN 24 S. JOTHI 25 R. MUNEESWARI 26 R. VASANTHA ... PETITIONERS/ACCUSED Nos.1,3 to 21, 23 & 28 to 32 Vs THE STATE REP. BY THE INSPECTOR OF POLICE THERIRUVELI POLICE STATION, MUDUKULATHUR TALUK, RAMANATHAPURAM DISTRICT, CR NO.38 OF 2016. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S T.LAJAPATHI ROY Advocate For Respondent : Mr.P.Kannithevan, Govt. Advocate ( Crl. Side) For Intervenor : Mr.A.Uthayakumar, Advocate

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused Nos.1, 3 to 21, 23 and 28 to 32, apprehend arrest at the hands of the respondent police for the offences punishable under Sections147, 148, 294(B), 323, 324, 307, 506(ii) of IPC and 3(i) of TNPPDL Act, in Crime No.38 of 2016, on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the petitioners is that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and pray for anticipatory bail in favour of the petitioners. 3.It is submitted by the learned Government Advocate (Crl.Side) that this is a case and case in counter and the injured person had already been discharged from the hospital.

4.Considering the facts and circumstances of the case and also considering the fact that this is a case and case in counter and the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Mudukulathur, 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 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) except women the other petitioners shall report before the respondent Police daily at 05.00 p.m., (petitioners/Women shall report before the respondent Police as and when required) for interrogation till then (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].

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/- 23/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, THERIRUVELI POLICE STATION, MUDUKULATHUR TALUK, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S T.LAJAPATHI ROY Advocate SR.No.32631 am JM/AAL-MPA/SAR-III/28.06.2016/3P-6C

ORDER

IN CRL OP(MD) No.9694 of 2016 Date :23/06/2016