Nishar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Nishar 2.Umapathi 3.Privinkumar @ Praveenkumar 4.Vignesh 5.Ragu @ Raguselvam ... Petitioners/Accused Nos.3 to 7 Vs The State Rep.by The Inspector of Police, Kulithalai Police Station, Kulithalai Karur District.

(Crime No.536/2022) ... Respondent/Complainant For Petitioners : M/s.Karunanithi M, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.536/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.3 to 7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 447 and 506(I) IPC, in Crime No.536 of 2022, seek anticipatory bail.

2.The case of the prosecution is that due to land dispute between the parties, the petitioners along with other accused entered into the de-facto complainant's agricultural land and caused 1/3

damage to the pipelines. Hence the complaint. 3.The learned counsel for the petitioners would submit that due to civil dispute, a false case was foisted against the petitioners and the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He would further submit that the co-accused were already granted anticipatory bail and the counter case in Crime No.531 of 2022 is pending against the de-facto complainant. Hence, he prays for anticipatory bail. 4.The learned Government Advocate(Crl.Side) would submit that the petitioners along with other accused entered into the de-facto complainant's agricultural land and caused damage to the pipelines. It is a case and case counter and the co-accused were already granted anticipatory bail. He would further submit that the petitioners are having one previous case and the investigation in this case is pending. Hence, he strongly opposed to grant anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that civil dispute is pending between the parties and also the facts that it is case and case in counter and the co-accused were already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II at Kulithalai, Karur District, 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 learned Magistrate concerned and on further conditions that: a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the Inspector of Police, Jeeyapuram Police Station, Trichy daily at 10.30 am until further orders.

(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 2/3

5560]; and;

(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 19/10/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CP TO 1.The Judicial Magistrate Court No.II, at Kulithalai, Karur District.

2. -do-Through The Chief Judicial Magistrate, Karur District.

3.The Inspector of Police, Kulithalai Police Station, Kulithalai Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-11784[I] dated 20/10/2022 )

ORDER

IN CRL OP(MD) No.18676 of 2022 Date :19/10/2022 RD/SSS/SAR-II (02/11/2022) 3P 6C 3/3