Vaisak v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5455 of 2018 1 VAISAK 2 VISAK 3 AHIL CHANDRAN @ AHIL JAYENDEN ... PETITIONERS / ACCUSED NO.1,2& 4 Vs THE STATE OF TAMILNADU, THE SUB INSPECTOR OF POLICE PAZHUGAL POLICE STATION, KANYAKUMARI DISTRICT IN CR.NO. 34/2018 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.M.P.HARIPRASAD Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 323, 506(i) and 379 I.P.C., in Crime No.34 of 2018, seek anticipatory bail.

2.The case of the prosecution is that on 29.03.2018, while the defacto complainant was going his home, the petitioners intercepted the defacto complainant and assaulted him by using cricket bat. On complaint, a case has been registered against the petitioners. 3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners. 4.It is submitted by the learned Government Advocate (Criminal side) that the injured had already been discharged from the hospital and there is no previous case against the petitioners. https://hcservices.ecourts.gov.in/hcservices/

5.Taking note of the above said facts and circumstances, 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 No.I, Kuzhithurai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 09/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITURAI 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE SUB INSPECTOR OF POLICE PAZHUGAL POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.P.HARIPRASAD Advocate SR.No.5455 GJM/RR/CSL/GSR/12.4.18-2P-6C

ORDER

IN CRL OP(MD) No.5455 of 2018 Date :09/04/2018 https://hcservices.ecourts.gov.in/hcservices/