Jegan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13594 of 2017 1 JEGAN 2 MAHE JABEEN ... PETITIONERS/ACCUSED No.1&2 Vs THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT (CRIME NO.1029 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioners : Mr.S.M.A.JINNAH 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, who are arrayed as accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 and 506(ii) of IPC, in Crime No.1029 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 26.09.2017, the defacto complainant gave a complaint stating that he is working as a lorry driver and six months back, he purchased a television worth about Rs.12,000/- from the first petitioner's father on credit basis and he paid Rs.8,000/- on instalments and assured to pay the remaining amount of Rs.4000/- without fail. While so, on 20.09.2017, when the first petitioner's father questioned the non-payment of the balance amount, there was a wordy quarrel arose between them and thereby, the petitioners entered into the house of the defacto complainant and scolded him with filthy language and assaulted him with wooden stick and threatened him with dire consequences. Based on the compliant, the case has been registered for the above said offences.
3. The case of the petitioner 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 on instructions, would submit that the injured person has been discharged from the hospital and investigation is still pending.
5. Considering the facts and circumstances of the case and also considering the fact that the injured has 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, Melur, 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. and 11.00 a.m., for a period of two weeks and thereafter as and when required; (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 learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically. sd/- 10/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE MELUR 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT
3 THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.M.A.JINNAH Advocate SR.No.32595
ORDER
IN CRL OP(MD) No.13594 of 2017 Date :10/10/2017 PJL SH/PM-PN/SAR-2:13.10.2017: 3P/6C