Muniyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13284 of 2017 1 MUNIYASAMY 2 SANJAYKUMAR 3 KARUPPAIAH 4 PARAMESHWARAM 5 TAMILSELVAN 6 PRAVEENKUMAR 7 VIJAY 8 SAKTHIVEL ... PETITIONERS/ACCUSED No.1 to 8 Vs STATE REP.BY, THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, NAINARKOVIL, RAMANATHAPURAM DISTRICT.
(CRIME NO. 231 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SENTHIL Advocate For Respondent : MR.K.ANBARASAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused Nos.1 to 8, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 342, 324 and 506(ii) of IPC, in Crime No.231 of 2017, on the file of the respondent police seek anticipatory bail. 2.The case of the prosecution is that on 23.09.2017, while the defacto complainant walking in the street, at that time all the accused were attacked the defacto complainant with deadly weapons and caused injuries. On complaint, case has been registered against the petitioners for the above said offences.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the father of the defacto complainant turned hostile in a murder case. Thereafter, the defacto complainant compelled the first petitioner to turn hostile in the said criminal case, for which the
first petitioner refused, the defacto complainant attacked the first petitioner and the other petitioners. Thereby, the petitioners gave a complaint on the same day, i.e., on 22.09.2017 and the case was registered in Crime No.230 of 2017. It is a case and case in counter.
4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that there was a counter case between the parties and the parties belonged to the same community. He further submitted that the injured person discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl. Side) that the injured has already been discharged from the hospital, I am 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, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only)each, with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioners shall report before the investigation officer, daily between 10.00 a.m. to 11.00 a.m.
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioners shall not commit any offence while on bail;
(iv) On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.
sd/- 03/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE , PARAMAKUDI, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, NAINARKOVIL, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.SENTHIL Advocate SR.No.32030
ORDER
IN CRL OP(MD) No.13284 of 2017 Date :03/10/2017 PK/PM-PN/SAR-2/05.10.2017 : 3P/6C