Murali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11863 of 2017 1 MURALI 2 BALAKRISHNAN 3 GOPALAKRISHNAN ... PETITIONERS / ACCUSED NO.2 to 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE JEYAMANGALAM POLICE STATION, THENI DISTRICT.

CRIME NO.254/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.A.AJMALKHAN 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 offence punishable under Sections 341, 294 (b), 427, 323, 506(ii) IPC in Crime No.254 of 2017 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that the de facto complainant is an auto driver and on the date of occurrence, due to some community dispute, the petitioners along with other accused abused and attacked the de facto complainant and also damaged the mirror of the auto worth about Rs.5,200/-.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that due to previous enmity, the present complaint has been foisted against the petitioners. The learned counsel for the petitioners voluntarily agreed to deposit a sum of Rs.5,000/- in Crime No.254 of 2017 on the file of the Judicial Magistrate, Periyakulam without prejudice to their contention.

4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that totally there are 4 named accused and the petitioners are arrayed as A2, A3 and A4 respectively. The first accused was arrested. He further submitted that the petitioners 2 and 3 have attacked the de facto complainant https://hcservices.ecourts.gov.in/hcservices/

with stick, however, no one sustained injury and investigation is still pending.

5.Considering the facts and circumstances of the case and also taking note of the fact that no one sustained injury, I am inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Periyakulam, on condition that the petitioners shall execute 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 respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a]the petitioners shall report before the respondent Police daily at 10.30 a.m. for a period of 3 weeks and thereafter, as and when required.

[b]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioners shall not abscond either during investigation or trial.

[d]on breach of any of the aforesaid conditions, 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). [e]The petitioners are directed to deposit a sum of Rs.5,000/- in Crime No.254 of 2017 on the file of the Judicial Magistrate, Periyakulam without prejudice to their contention in this case. sd/- 11/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, JEYAMANGALAM POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.S.A.AJMALKHAN Advocate SR.No.30560 ORDER IN CRL OP(MD) No.11863 of 2017 Date :11/09/2017 MKV-PM-PN-SAR 3/14.09.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/