Veerapathiran, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15882 of 2018 1 VEERAPATHIRAN 2 PRABHAKARAN 3 SHANTHI 4 BHUVANESWARI ... PETITIONERS/ ACCUSED NO.1 TO 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME NO.285/2018) ... RESPONDENT / COMPLAINANT RAJENDRAN ... PETITIONER/ DEFACTO COMPLAINANT For Petitioners: Mr.B.PRAHALD RAVI, Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor For Intervenor : Mr.S.T.SELVAM, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 324, 448, 506(ii) of I.P.C. and r/w Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.285 of 2018, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners trespassed into the de-facto complainant's house, assaulted the defacto complainant's son, daughter-in-law and wife with deadly weapons and also caused damage to the tune of Rs.10,000/- by damaging the articles in their house. Hence, the complaint.
3. Heard the learned counsel appearing for the petitioners.
4. The learned counsel for the intervenor/ de-facto complainant would submit that the petitioners trespassed into the de-facto complainant's house, assaulted the de-facto complainant's son, https://hcservices.ecourts.gov.in/hcservices/
daughter-in-law and wife with deadly weapons and also caused damage to the tune of Rs.10,000/- by damaging the articles in their house. He would further submit that if they are granted anticipatory bail, they will the de-facto complainant's family members and tampered the witnesses.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the injured has been discharged from the hospital.
5. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai, Sivagangai District and on their 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
6.The petitioners 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.
sd/- 20/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.B.PRAHALD RAVI Advocate SR.No.18035
ORDER
IN CRL OP(MD) No.15882 of 2018 Date :20/09/2018 MS/VR-MMS/SAR-2/25.09.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/