Chithirai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5151 of 2018 1 CHITHIRAI 2 PITCHANDI ... PETITIONERS / ACCUSED NO.4&5 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT (CRIME NO.35/2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.R.DURAIRAJ Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are shown as Accused Nos.4 and 5 in Crime No.35 of 2018, on the file of the Inspector of Police, Srivaikundam Police Station, Tuticorin District for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 & 506 (ii) of IPC, and they seek anticipatory bail.

2.The occurrence is said to have taken place on 10.02.2018. The co-accused were already released on bail. On 10.02.2018, when the defacto complainant was standing in the alleged occurrence place, the accused Nos.4 and 5 and other accused persons attacked the defacto complainant by using deadly weapons and caused serious life threat to the defacto complainant.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl Side) appearing for the respondent.

4.The learned Government Advocate (Crl Side) appearing for the respondent submitted that the injured has been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/

5.Taking note of these aspects, this court is inclined to grant Anticipatory Bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Srivaikundam and on their executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 04/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.5466 TSG GJM/PN/KAK/VR/12.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5151 of 2018 Date :04/04/2018 https://hcservices.ecourts.gov.in/hcservices/