Madras High CourtCRL OP(MD)/1226/2017partly allowed

P.Ponnaiya v. The Inspector Of Police,

2017-02-14Honourable Mr Justice A.M. Basheer Ahamed3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1226 of 2017 1 P.PONNAIYA 2 ALAGUMALAI 3 PALANIMUTHU 4 MUTHAMMAL ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE, SHANARPATTI POLICE STATION, DINDIGUL DIST.

(CR.NO.6 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.SANTHAKUMARESAN Advocate For Respondent : Mr.P.Kandasamy, 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 alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC., in Crime No.6 of 2017, seek anticipatory bail.

2. When the matter is taken up for hearing the learned counsel appearing for the petitioners seeks permission of this Court to withdraw the petition in respect of the 4th petitioner alone and he has also made an endorsement to that effect. In view of the endorsement made by the learned counsel appearing for the petitioners, this petition in respect of 4th petitioner stands dismissed, as not pressed.

3. The learned counsel appearing for the petitioners states that the present complaint has been given against the petitioners as a counter blast of the FIR lodged by the first petitioner herein and the 2nd and 3rd petitioners were injured in the occurrence and the petitioners are the really aggrieved party and all were injured by the act of the defacto complainant in this case and the overt act of the petitioners has to be classified as under private defence only.

4. The learned Government Advocate (crl.side) appearing for the respondent states that there are totally five accused in this case and the petitioners herein is arrayed as A1, A2 and A5 and the remaining accused are still absconding. The alleged overt act of the petitioners is that A1 and A2 said to have attacked with stick on the head of the defacto complainant and A1 to A3 said to have attacked with iron rod upon the wife of the defacto complainant and the injured were discharged from the hospital on 09.01.29017 and there is a case in counter in Crime No.5 of 2017, on the basis of the complaint given by A1 herein.

5. Considering the above facts and circumstances of the case and also considering the fact that the injured were discharged from the hospital and there is a case in counter in Crime No.5 of 207 given by A1 herein, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.III, Dindigul, on condition that each 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 the petitioners 1 and 2 shall report before respondent police daily at 10.30 a.m., until further orders and insofar as the 3rd Petitioner is concerned, who is aged about 70 years, shall report before the respondent Police, as and when required, for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

7. 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 stands dismissed.

sd/- 14/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE, SHANARPATTI POLICE STATION, DINDIGUL DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.SANTHAKUMARESAN Advocate SR.No.8140 SM:RSK:SAR 2:16.02.2017:3p/6c

ORDER

IN CRL OP(MD) No.1226 of 2017 Date :14/02/2017