S. Ramkumar. v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY 1.S.Ramkumar 2.M.Krishnan 3.Muniyaraj ... Petitioners/Accused Nos. 1 to 3 Vs The Inspector of Police, S.S.Colony Police Station, Madurai City, Madurai.

Crime No.246 of 2024 ... Respondent/Complainant For Petitioners : Mr.R.Murali,Advocate For Respondent : Mr.S.Manikandan, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.246 of 2024 on the file of the Respondent police. 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 290 IPC and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss)Act, 1992 in Crime No.246 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners constructed a building and without obtaining proper permission, they put up drainage pipeline for the said building by damaging the public road, worth about Rs.30,000/-. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the investigation in this case is not yet completed.

5.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of 2/5

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 No.V, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b]the petitioners are directed to deposit a sum of Rs.30,000/-(Rupees Thirty Thousand only) by way of Demand Draft, in favour of the Commissioner, Madurai Corporation, Madurai City and proof shall be produced before the respondent Police. (*)[c] The petitioners shall report before the respondent police as and when required for interrogation.

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioners shall not abscond either during investigation or trial. [f]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 are released on bail by 3/5

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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/05/2024 (*)Corrected as per the order of this Hon'ble Court in CRL OP(MD)No.7565 of 2024 dated 10/06/2024. / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO TO BE SUBSTITUTED WITH THE ORDER DATED 22/05/2024 ALREADY DESPATCHED THE JUDICIAL MAGISTRATE NO.V MADURAI DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

THE INSPECTOR OF POLICE S.S COLONY POLICE STATION, MADURAI CITY, MADURAI.

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

COPY TO THE COMMISSIONER MADURAI CORPORATION, MADURAI CITY.

+1 CC to M/s.R.MURALI, Advocate ( SR-5582[I] dated 22/05/2024 )

ORDER

IN CRL OP(MD) No.7565 of 2024 Date :22/05/2024 PKP/GS/SAR /24.05.2024/ 5P/ 7C KSA SS/SAR- /10/06/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5