Kakkanmuthu 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.13406 of 2017 1 KAKKANMUTHU 2 PATTAN ... PETITIONERS / ACCUSED Nos.1 & 2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.
CR. NO.531/2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.T.SUGADEV Advocate For Respondent : Mr.K.ANBARASAN, Govt. 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 and 2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 324 and 506(ii) of IPC, in Crime No.531 of 2017, on the file of the respondent police seek anticipatory bail. 2.The case of the prosecution is that on 24.09.2017, due to land dispute there was a wordy quarrel arose between the petitioner and the defacto complainant and thereby the petitioners attacked the defacto complainant and caused injuries. On complaint, case has been registered against the petitioners for the above said offences. 3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) appearing for the respondent 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 No.V, Tirunelveli, on condition that the petitioners https://hcservices.ecourts.gov.in/hcservices/
shall execute a bond for a sum of Rs.15,000/- (Rupees fifteen 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., for a period of two weeks;
(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 NO.V, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.M.JEGADEESH PANDIAN Advocate SR.No.32013 JAM/05.10.17/RR/SAR 2 / 2P-6C
ORDER
IN CRL OP(MD) No.13406 of 2017 Date :03/10/2017 https://hcservices.ecourts.gov.in/hcservices/