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Madras High CourtCRL OP/9737/2017granted

Ravichandran, Aged 39 Yrs, v. The Inspector Of Police

2017-05-24Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice S. VIMALA CRIMINAL ORIGINAL PETITION No.9737 of 2017 1 RAVICHANDRAN [ PETITIONERS / ACCUSED ] 2 RAJAMAHENDRAN Vs THE INSPECTOR OF POLICE [ RESPONDENT ] NEEDAMANGALAM POLICE STATION, TIRUVARUR DISTRICT, CR.NO.89/2017.

For Petitioner : M/S.G.NIRMAL KRISHNAN Advocate For Respondent : MR. M.MOHAMED RIYAZ, 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 alleged offences punishable under Sections 294 (b), 323 and 506 (i) IPC, in Crime No.89 of 2017, on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel for the petitioners would submit that the petitioners have nothing to do with the alleged offence.

3. The case of the prosecution is that, there was a wordy quarrel between the petitioners and the defacto complainant and that made the defacto complainant to lodge a complaint against the petitioners before the respondent.

4. The learned Government Advocate (Crl. Side) would submit that the injured has been discharged from the hospital, he has no objection to grant anticipatory bail to the petitioners.

5. 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 District Munsif cum Judicial Magistrate, Needamangalam, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police Officer, who intends to

arrest or to the satisfaction of the learned Judicial Magistrate concerned, and on further condition that:

(i) the petitioners shall report before the respondent Police, on every Monday and Wednesday, at 10.30 am, for a period of four weeks and thereafter, as and when required for interrogation;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioners shall not abscond either during investigation or trial;

(iv) on breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is authorized to take appropriate action against the petitioners, in accordance with law, as if the conditions have been imposed and the petitioners were released on bail by the learned Magistrate / Trial Court, as laid down by the Hon'ble Supreme Court in the case of P.K.Shaji v. State of Kerala (2005) AIR SCW 5560.

-sd/- 24/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEEDAMANGALAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR DISTRICT [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE NEEDAMANGALAM POLICE STATION, TIRUVARUR DISTRICT +1CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary charges SR.NO. 9522 CRL OP.9737/2017 Date :24/05/2017 EGR 29/05/2017