Tamilazlakan, v. State,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1554 of 2019 1 TAMILAZLAKAN 2 RAJARAM 3 T.RAVIRAGUAL ... PETITIONERS / ACCUSED No. 1 to 3 Vs STATE REP. BY INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

(*)Crime No.70/2019 ... RESPONDENT / COMPLAINANT P.AYYAPPAN ...INTERVENE PETITIONER/ AFFECTED PARTY For Petitioners: Mr.S.MAHENDRAPATHY Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) For Intervener :Mr.R.SURESH KUMAR Advocate 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 under Sections 147, 148, 341, 324 & 506(ii) IPC @ 147, 148, 341, 323, 324, 506(ii), 307 IPC, in Cr.No.70 of 2019 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners and defacto complainant belonged to same political party. There was a dispute with regard to the tender for taking contract in the public works. At that time, the petitioners attacked the defacto complainant, thereby he sustained injury and admitted in the hospital. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. Even there was a

altercation with each other, for which they sustained minor injuries. Accordingly, he prayed for anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the injured person has been discharged from the hospital.

5.Considering the facts and circumstances of the case and since injured person discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, 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 Judicial Magistrate No.VI, Madurai, 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(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]; and;

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

sd/- 15/02/2019 (*)AMENDED AS PER THE ORDER OF HON'BLE COURT MADE IN CRL MP(MD)No.1185 of 2019 IN CRL OP(MD)No.1554 of 2019 VIDE ORDER DATED 15.02.2019.

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

TO 1.THE JUDICIAL MAGISTRATE NO VI, MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.S.MAHENDRAPATHY Advocate SR.No.3224

ORDER

IN CRL OP(MD) No.1554 of 2019 Date :15/02/2019 TK/JC/SAR-2/25.02.2019/3P/6C