Thiraviyam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22542 of 2018 1.THIRAVIYAM 2 ANANDARAJ@CHINNAVAR 3 NATTAMAI THIRUMALAI @ THIRUMALAI 4 MAHESWARAN 5 THANNER VANDI KRISHNAN @ KRISHNAN, 6 THANGAVEL 7 KARUPPASAMY S/O.PERUMAL 8 KARUPPASAMY, S/O.PANNAIYADIYAN 9 MATHISAMY 10 VIJAGAPPAN 11 ANTONY RAJ 12 SUSIKUMAR 13 SOUNDIRAPANDI 14 JESURAJ, 15 MURUGAN 16 RAJIVGANDHI 17 PONNUPANDI 18 MOOKAN@VELUSAMY 19 VIJAY 20 ARASIALKANNAN@KANNAN 21 MARIAPPAN 22 VELMURUGAN 23 LATCHUMANAN 24 VIMALRAJ 25 MANIKANDAN 26 MANOHAR 27 PONNUSAMY 28 CHELLADURAI 29 KARUPPASAMY S/O.THIRUMALAI @ INNAN 30 SELVI 31 MUTHULAKSHMI 32 VANAMAYIL 33 SAHAYARANI 34 SUJATHA 35 TAMILSELVI 36 SAMUTHIRAM 37 MUTHUMARI 38 AMULRAJ, 39 PONKUMARESAN
40 ATTUVIYAPARI KRISHNAN@KRISHNAN ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE CHINNAKOVILANKULAM POLICE STATION, CHINNAKOVILANKULAM, TIRUNELVELI DISTRICT (CRIME NO.81/2016) ... RESPONDENT / COMPLAINANT For Petitioners : MR.T.INDRACHITHU Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 341, 323, 324, 307 and 506(ii) IPC in Crime No.81 of 2016, seek anticipatory bail.
2.The case of the prosecution is that on 27.05.2016, the petitioners parties and the defacto complainant parties fought each other over a temple issue. In that connection, both parties had given separate complaints.
3.The contention of the petitioners is that they are innocent and they had nothing to do with the alleged crime. Originally, their names were not found place in the F.I.R and they were not aware of the case. Now, they came to know that their names have been included in the above case. Earlier, this Court had granted anticipatory bail to some of the accused in Crl.O.P.(MD). No.8700 of 2016, dated 17.06.2016. Hence, anticipatory bail may be granted to these petitioners also.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that there are two counter cases in Cr.Nos.82 and 83 of 2016. In all the cases, investigation is going on.
5.At this juncture, the learned counsel for the petitioners submits that the petitioners are hailing from the same village. Hence, it is very difficult to find sureties. 6.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions:-
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sankarankovil, Tirunelveli District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 daily at 10.00 a.m for a period of two weeks and thereafter 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 1 to 3 in accordance with law as if the conditions have been imposed and the petitioners 1 to 3 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/- 20/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDIICIAL MAGISTRATE, SANKARNAKOVIL, TIRUNELVELI.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE INSPECTOR OF POLICE CHINNAKOVILANKULAM POLICE STATION, CHINNAKOVILANKULAM, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.T.INDRACHITHU Advocate SR.No.23771
ORDER
IN CRL OP(MD) No.22542 of 2018 Date :20/12/2018 AE/VR MMS/SAR4/21.12.2018/4P/6C