Madras High CourtCRL OP(MD)/12513/2019granted

Periyasamy v. The Inspector Of Police

2019-09-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12513 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12513 of 2019 1.Periyasamy 2.Rajeshwari 3.Vanitha 4.Jaisankar 5.Jegadeesan ... Petitioners/Accused No.1 to 5 Vs The State rep.by The Inspector of Police, Jambunathapuram Police Station, Trichy District.

Crime No.80 of 2019 ... Respondent/Complainant For Petitioners : M/s.N.Anandakumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervener : Mr.K.Muthumalai, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.80 of 2019 on the file of the respondent ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 147, 294(b) and 506(ii) of I.P.C., in Crime No.80 of 2019, seek anticipatory bail. 3.The petitioners' request is strongly opposed by the learned counsel appearing for the intervener, who would point that the petitioners stand as accused in Crime No. 380 of 2019 and that they have not complied with the condition imposed by this Court while https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12513 of 2019 granting anticipatory bail in the earlier petition. He also submitted that the petitioners are interfering with the avocation of the defacto complainant. The defacto complainant is said to be doing pooja in the local temple.

4.The petitioners' counsel gives a solemn undertaking before this Court that the petitioners will not interfere with the temple activities of the defacto complainant. The petitioners will file an affidavit when they surrender before the Judicial Magistrate.

5. Recording the undertaking, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thuraiyur, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner 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/- 06/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THURAIYUR.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE,TRICHY DISTRICT. 3.THE INSPECTOR OF POLICE, JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.N.ANANDAKUMAR Advocate SR.No.15112

ORDER

IN CRL OP(MD) No.12513 of 2019 Date :06/09/2019 TK/MMS/SAR.3/16.09.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2