Devendran, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of December Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21314 of 2018 1.DEVENDRAN 2.SUNDARVALAVAN @ SUBRAMANIAM 3.RANJITH 4.SATHEESKUMAR 5.SELVAM @ SELVAPERUNTHAGAI 6.SURENDAR @ SURENDRANATH DHARMASEELAN 7.RAVINATH @ RAVINATH ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY ITS, THE INSPECTOR OF POLICE, PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.
CR.NO.723 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.MATHIYALAGAN 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 who apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 147, 448, 387 and 506(i) of I.P.C., in Crime No.723 of 2018, seek anticipatory bail.
2. The case of the prosecution that the accused persons are members are the political party said to have accommodated the first accused, the Secretary of the said party came in Mahindra Scorpio bearing Registration No.TN-47-AC-9346 and the first accused Baskaran demanded Rs.50,000/-as donation from the defacto complainant in order to attend the Political Meeting at Trichy. But the defacto complainant refused to give money to them, the first accused threatened the defacto complainant.
3. The learned counsel for the petitioners would submit that due to personal motive the petitioners have been falsely implicated in this case and that the petitioners have nothing to do
with the alleged occurrence and in order to harass the petitioners, the case has been registered against them. He would further submit that the petitioners name was found in the First Information Report.
4. The learned Government Advocate (Criminal Side) would submit that Accused No.1 & 6 have been arrested and released on bail on 26.11.2018.
5. Taking into consideration the facts of the case and the submissions by learned counsels, this Court is inclined to grant anticipatory bail to the petitioners.
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-I, Karur, 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 daily at 10.30 a.m., for a period of one week. [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/- 03/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.
THE JUDICIAL MAGISTRATE NO.I, KARUR.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRAE, KARUR.
3.
THE INSPECTOR OF POLICE PASUPATHIPALAYAM POLICE STATION, KARUR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.R.MATHIYALAGAN Advocate SR.No.22527.
ORDER
IN CRL OP(MD) No.21314 of 2018 Date :03/12/2018 ksa RAM/PN-AC/SAR 2/13.12.2018/3P/6C