Elayaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1325 of 2017 ELAYARAJA ... PETITIONER/7th ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT, (CRIME NO.93 OF 2016). ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : M/S.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 147, 148, 294(b), 324, 307 IPC @ 147, 148, 294(b), 324, 307 and 302 IPC in Crime No.93 of 2016 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners along with other accused attacked the de facto complainant with knife and stick.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that totally there are 11 accused and initially the petitioner was arrayed as A7 in this case and as per alteration report petitioner is ranked as A9 and the petitioner attacked the de facto complainant with velkambu and caused injury and injured was discharged from the hospital and another injured person died in the hospital. He further submitted that investigation is filed and the same was not taken on file.

5.Considering the facts and circumstances of the case and also taking note of the fact that charge sheet was filed, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Kamuthi, on condition that the petitioner 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 petitioner shall report before the Judicial Magistrate, Kamuthi daily at 10.30 a.m. until further orders. [b]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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). sd/- 08/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KAMUTHI.

2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.6951 nbj AE/RSK/SAR3/10.02.2017/2P/6C

ORDER

IN CRL OP(MD) No.1325 of 2017 Date :08/02/2017 https://hcservices.ecourts.gov.in/hcservices/