Muniyandi @ Muniyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20722 of 2018 1 MUNIYANDI @ MUNIYASAMY 2 AVUDAIYAMMAL 3 KUTTI @ KURUVAMMAL ... PETITIONERS / ACCUSED 1 to 3 Vs THE STATE, REP. BY INSPECTOR OF POLICE KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 354 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.G.THALAIMUTHARASU Advocate For Respondent : MR.M.ASOKAN, Govt. Advocate ( Crl. Side) 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 341, 294(b), 355, 323 and 506(i) IPC, in Crime No.354 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is a auto driver. On 14.11.2018, while he was proceeding in front of the defacto complainant's house and honking the horn, at that time, the bull ran away from there, due to which, a wordy quarrel arose between the defacto complainant and the petitioners. Hence, the complaint.

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

4.The learned Government Advocate (Crl.side) for the respondent police submitted that investigation is pending. 5.Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioners 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, Sankarankovil, 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 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/- 30/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SANKARANKOVIL, TIRUNELVELI DISTRICT 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE INSPECTOR OF POLICE KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER IN CRL OP(MD) No.20722 of 2018 Date :30/11/2018 MSI/VR-MMS/SAR-III/06.12.2018-2P/5C https://hcservices.ecourts.gov.in/hcservices/