Jeyakodi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4569 of 2018 1 JEYAKODI 2 JEYAMANI 3 KARTHIGAYINI ... PETITIONERS / ACCUSED 1 TO 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NORTH POLICE STATION, CUMBUM, THENI DISTRICT, IN CR.NO. 159/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.RM.ARUN SWAMINATHAN Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 147, 148, 448, 452, 324, 427 and 506 (ii) I.P.C in Crime No.159 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the tenant of the first petitioner's house. While, the petitioners approached the defacto complainant to vacate the house, there was a dispute arose between the petitioners and the defacto complainant. Due to which, the petitioners assaulted the defacto complainant and also abused him by using the filthy language. Hence, a case has been registered for the above said offences. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they have been falsely implicated in this case, they have not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate(Criminal Side) appearing for the State submitted that injured has been discharged from the hospital. According to him, investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/ 5.The submissions made by the learned counsel appearing on either side are considered. It is alleged, during the time of

occurrence, the petitioners herein assaulted the defacto complainant and sustained injuries. According to prosecution, as of now, the injured has been discharged from the hospital after completing the treatment. Further, Except Sections 452 and 506(ii) I.P.C., all other petition mentioned offences are bailable in nature. So, custodial interrogation of the petitioners may not be necessary for completing the investigation, hence, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, they 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, Cumbam, Theni District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners shall report before the respondent police daily at 10.00 a.m for a period of three weeks, 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 anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].

sd/- 23/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CUMBAM, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE NORTH POLICE STATION, CUMBUM, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RM.ARUN SWAMINATHAN Advocate SR.No.57741 ORDER IN CRL OP(MD) No.4569 of 2018 Date :23/03/2018 MKV-CM-VR-SAR 4/2.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/