Sakthivel, S/O.Raju, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fifth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1125 of 2019 1 SAKTHIVEL 2 SOWNTHIRAPANDIYAN ... PETITIONERS / ACCUSED 1 AND 3 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.
(CRIME.NO.29 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.BALAMURUGAPANDI Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI 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), 324, 506(ii) of IPC, in Cr.No.29 of 2019, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused attacked the defacto complainant with stone and using filthy language and thereatened him with dire consequences.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) would submit that the injured has been discharged from the hospital.
5. Taking into consideration the facts of the case and the submissions by learned counsels and that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
https://hcservices.ecourts.gov.in/hcservices/
6. 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, Vedasanthur on further 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent police as and when required for interrogation.
[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 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 25/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT MUNSIF CUM- JUDICIAL MAGISTRATE,VEDASANTHUR. 2 THE CHIEF JUDICIAL MAGISTRATE,DINDIUGL.
3 THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to Mr.D.BALAMURUGAPANDI Advocate SR.No.1436 PS/PN/SAR-2/31.01.2019/2P/6C
ORDER
IN CRL OP(MD) No.1125 of 2019 Date :25/01/2019 https://hcservices.ecourts.gov.in/hcservices/