Arundurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.925 of 2018 1 ARUNDURAI 2 PONNAR 3 NATRAYAN 4 PARAMESWARAN 5 VINOTH ... PETITIONERS / ACCUSED NO.1 TO 5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ERIYODU POLICE STATION, DINDIGUL DISTRICT (CRIME NO. 25 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.C.BETHANASAMY 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, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 147, 294 (b), 323 & 506(i) IPC in Crime No.25 of 2018, seek anticipatory bail.

2.The case of the prosecution is that the de facto complainant kidnapped the victim girl aged about 14 years, who is the relative of the first accused. Due to the same, a wordy quarrel arose between the petitioners and the de facto complainant as a result of which, the petitioners assaulted him and thereby caused injuries. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners have not committed any offence as alleged by the prosecution and they are no way connected with the offences, and pleads for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.side) submitted that the injured has already been discharged from the hospital and the investigation is still pending.

5.The submissions made by the learned counsel on either side are considered. This case has been registered for the offences punishable under Sections 147, 294(b), 323 & 506(i) IPC. As per the submissions of the learned Government Advocate (Crl.side), the person, who sustained injuries, at the time of occurrence, was discharged from the hospital after completing treatment. Apart from that, except Section 506 (i) IPC the other offences mentioned in the petition are bailable in nature.

6.Taking all the above said aspects into consideration and having regard to the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. 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, Vedachandur, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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 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 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/- 30/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VEDACHANDUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE ERIYODU POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.C.BETHANASAMY Advocate SR.No.1586

ORDER

IN CRL OP(MD) No.925 of 2018 Date :30/01/2018 MKV-CM-VR-SAR 1/1.2.2018/3P-6C