Krishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19941 of 2018 1 KRISHNAN 2 MALLIGA 3 RAVI @ RAVICHANDRAN ... PETITIONERS/ACCUSED 1 to 3 Vs THE STATE BY, THE INSPECTOR OF POLICE PALANI TALUK POLIC STATION, DINDIGUL DISTRICT.

CRIME NO. 329 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.D.VENKATESH, Advocate For Respondent : MRS.M.ANANTHA DEVI, Government Advocate(Crl.Side) For Intervenor : MR.D.SHANMUGARAJA SETHUPATHI, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 452, 379 (NP) and 506(i) of IPC in Crime No.329 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the petitioners trespassed into the garden land,loaded the plugged tender coconuts in a van. When the defacto complainant questioned the same, the petitioners abused the defacto complainant and threatened him with dire consequences.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have nothing to do with the alleged offence.

4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that A2 was already arrested by the respondent police.

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5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the first petitioner with certain conditions. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Palani and on his executing 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 condition that the first petitioner shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. The first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The first petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

7.Insofar as the second petitioner is concerned, anticipatory bail petition is dismissed.

sd/- 02/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE PALANI TALUK POLIC STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.D.VENKATESH, Advocate SR.No.21147

ORDER

IN CRL OP(MD) No.19941 of 2018 Date :02/11/2018 AAV PK/JC/SAR-4/13.11.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/