Thangasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17018 of 2018 1.THANGASAMY 2.MUNIYASAMY 3.MUTHUKUMAR 4.BALAMURUGAN 5.GOVINDARAJ 6.PERIYAKARUPPAN 7.MUTHU@MUTHUKUMAR 8.THANGAVEL ... PETITIONERS/ACCUSED NO.1 TO 5,9,11&12 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, DEVIPATTTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.
IN CRIME NO.170 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.K.SANJAI GANDHI Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, 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 294(b), 323, 506(ii), 379(NH) I.P.C and Section 4 of TNPHW Act, in Crime No.170 of 2018, seek anticipatory bail.
2.The case of the prosecution is that due to previous motive, the petitioners along with others entered into the defacto complainant's house and assaulted the defacto complainant and also damaged the household articles. Hence, the case has been registered against the petitioners.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They did not commit any offence as alleged by the prosecution. The defacto complainant compelled the petitioners to arrive for a settlement in a civil dispute and by addition criminal colour to the civil proceedings, the defacto complainant lodged the false complaint. Hence, he prays for anticipatory bail to the petitioners.
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4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the investigation is pending. 5.Taking note of 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 No.I, Ramanathapuram 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 daily at 10.30 a.m for a period of two weeks and thereafter 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/- 28/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.
3.THE INSPECTOR OF POLICE, DEVIPATTTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.SANJAI GANDHI Advocate SR.No.18580.
ORDER
IN CRL OP(MD) No.17018 of 2018 Date :28/09/2018 RAM/JC/SAR 1/05.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/