Rajamanickam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11025 of 2017 1 RAJAMANICKAM 2 PANDIAMMAL ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SAPTOOR POLICE STATION, PERAIYUR TALUK, MADURAI DISTRICT.

CRIME NO.178 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.M.A.JINNAH Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor 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 punishable under Sections 341,294(b),323 and 506(ii) of IPC in Crime No.178 of 2017, seek anticipatory bail.

2.The case of the prosecution is that due to family dispute the petitioners are said to have attacked the de facto complainant and also threatened him with dire consequences.

3. The learned counsel appearing for the petitioners states that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He would further state that the false complaint lodged against the petitioners with an intention to wreak vengeance.

4. The learned Additional Public Prosecutor appearing for the respondent on instructions would submit that there are totally 2 named accused in this case, who are the petitioners herein and they have been arrayed as A1 and A2 respectively. He would further state that petitioners are said to have attacked the de facto complainant on the left leg and left hand elbow and back side of the de facto complainant and the injured has been discharged from the hospital.

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5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, 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, Peraiyur, Madurai District and on each of them 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 daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation on receipt of summons. The petitioners shall comply with the condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 28/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.S.M.A.JINNAH Advocate SR.No.29495

ORDER

IN CRL OP(MD) No.11025 of 2017 Date :28/08/2017 MKV-CM-MSA-SAR 3/30.8.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/