K.Kanthaiah, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL MP(MD) Nos.8235 and 11175 of 2016 IN CRL OP(MD) No.13412 of 2016 CRL MP(MD) No.8235 of 2016 IN CRL OP(MD) No.13412 of 2016:- K.KANTHAIAH ... PETITIONER/INTERVENER Vs 1 THE INSPECTOR OF POLICE K.PUDHUPATTI POLICE STATION, THIRUMAYAM TALUK, PUDUKKOTTAI DISTRICT ... 1ST RESPONDENT/RESPONDENT 2 MEIYANATHAN 3 RAJENDRAN 4 SELVAM 5 SOMASUNDARAM 6 VIJAY 7 KARTHICK KUMAR 8 VELLAICHAMY ... 2ND TO 8TH RESPONDENTS/ PETITIONERS 1 TO 7 Prayer in CRL MP(MD)No. 8235/ 2016 : Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to cancel the anticipatory bail granted to the respondent s NO.2 to 8 in Crl. O.P No. 13412 of 2016 dated 01.08.2016 and pass such further or other orders. CRL MP(MD) No.11175 of 2016 IN CRL OP(MD) No.13412 of 2016:- 1 MEIYANATHAN 2 RAJENDRAN 3 SELVAM 4 SOMASUNDARAM 5 VIJAY 6 KARTHICK KUMAR ... PETITIONERS/PETITIONERS Vs
STATE REP.BY , THE INSPECTOR OF POLICE K.PUDHUPATTI POLICE STATION, THIRUMAYAM TALUK, PUDUKKOTTAI DISTRICT CRIME NO.114 OF 2016 ... RESPONDENT/RESPONDENT Prayer in CRL MP(MD)No. 11175/ 2016 : To relax the condition imposed on the petitioners in Crl O.P.No.13412 of 2016 dated 01.08.2016. Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.K.BAALASUNDHARAM, Advocate for the petitioner in CRL MP(MD) No.8235 of 2016 in CRL OP(MD)No.13412 of 2016 and M/S. A. ARUNPRASAD Advocate for the petitioner in CRL MP(MD)No.11175 of 2016 and of MRS.S.PRABHA, Government Advocate(Crl.side) on behalf of the first Respondent in both cases the court made the following order:- It is represented by the learned Government Advocate (Crl.side) that there was a representation to the Court that the injured still in hospital. Due to typographical error, it is mentioned as 'the injured has been discharged from the hospital'.
2. It is also stated by the petitioner that nowhere in the petition it is stated that the injured has been discharged from the hospital. The present petitioner has come forward with this petition to cancel the anticipatory bail already granted on 01.08.2016. The learned counsel for the petitioner also brought to the attention of this Court to the document given by the hospital to establish his contention that the injured was admitted in the hospital on 26.07.2016 and got discharged only on 05.08.2016.
3. Taking note of the fact that the petitioner has sustained only simple injury, this Court has granted anticipatory bail to the petitioners and all the accused are complying with the conditions, except one Vellaichamy/8th respondent in the cancellation of bail petition.
4. Taking note of the submission of all the parties, that now the injured has been discharged from the hospital and that all the accused are complying with the conditions, except one Vellaichamy/8th respondent in the cancellation of bail petition, this Court is inclined to dismiss the cancellation of bail petition with regard to A2 to A7 and allow the cancellation of bail petition with regard to 8th respondent/Vellaichamy. Accordingly, this petition is dismissed in respect of A2 to A7 and this petition is allowed in respect of 8th respondent.
5. It is open to the prosecution to act in accordance with law.
6. The petitioners 1 to 6 shall report before the respondent police once in a month i.e., on the first Sunday of every English Calendar month at 10.00 a.m. Until further orders and also as and when required.
sd/- 17/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM.
2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, K.PUDHUPATTI POLICE STATION, THIRUMAYAM TALUK, PUDUKOTTAI.
+2. C.C. to M/S.A.ARUN PRASAD, Advocate SR.Nos.70808&70809 akv CSL/SK-SKN/SAR-III/05.12.2016: 3P/7C
ORDER
IN CRL MP(MD) Nos.8235&11175 of 2016 IN CRL OP(MD) No.13412 of 2016 Date :17/11/2016