Gopal Paramasivam, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22627 of 2018 1 GOPAL PARAMASIVAM, 2 MUTHUSAMY, 3 GANDHI, 4 GURUSAMY, 5 SARAVANAKUMAR, 6 GURUSAMY, 7 AYYAKANNU, 8 SEKAR, ... PETITIONERS / ACCUSED 1 TO 8 Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, SOUTH POLICE STATION, GUDALUR, THENI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioners : Mr.G.VANJINATHAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. 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 offences punishable under Sections 147, 447, 427, 323, 294(b), 506(ii) of IPC r/w Section 4 of Tamilnadu Prohibition of Harassment of Woman Act, 2002, in Cr.No.246 of 2018 seek anticipatory bail.

2.The case of the prosecution is that the dispute over the temple properties, where the petitioners are trying to take possession of the properties in their name by way of revenue proceedings. Hence, the complaint.

3.The learned counsel for the petitioners would submit that a false case has been foisted against them and they had nothing to do with the alleged crime.

4.The learned Government Advocate (Crl. Side) submits that revenue proceedings was initiated in this case.

5.Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, condition that the petitioners 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 said Magistrate, on further condition that: [a] if the petitioners fail 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 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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE SUB INSPECTOR OF POLICE, SOUTH POLICE STATION, GUDALUR, THENI DISTRICT.

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

+1. CC to Mr.G.VANJINATHAN Advocate SR.No.139 PS/JC/SAR-4/08.01.2019/3P/6C

ORDER

IN CRL OP(MD) No.22627 of 2018 Date :03/01/2019