Madras High CourtCRL OP(MD)/13601/2017granted

Muthu v. The Inspector Of Police

2017-10-09Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD)Nos.13601 and 13621 of 2017 MUTHU ... PETITIONER / ACCUSED No.3 IN CRL OP(MD)No.13601/17 1 MANOJ @ MANOJKUMAR 2 NAGASUNDARAM ... PETITIONERS / A1 & A2 IN CRL OP(MD)No.13621/17 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE TOWN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT CR.NO.224/2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)No.13601/17 THE STATE REPRESENTED BY INSPECTOR OF POLICE, RAMESHWARAM TOWN POLICE STATION, RAMANATHAPURAM DISTRICT CR No.223/2017 ... RESPONDENT / RESPONDENT IN CRL OP(MD)No.13621/17 For Petitioner : Mr.C.SUSI KUMAR, Advocate IN IN CRL OP(MD)No.13601/17 Mr.A.K.MANICKAM, Advocate IN CRL OP(MD)No.13621/17 For Respondent : Mr.

K.ANBARASAN, Govt. Advocate ( Crl. Side) in both the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in both cases, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 323, 324, 506(ii) and Sections 323, 324, 506(ii) of IPC in Crime Nos.224 and 223 of 2017 respectively on the file of the respondent Police, seek anticipatory bail.

2.The petitioner in Crl.O.P.(MD)No.13601 of 2017 is the

complainant in Crime No.223 of 2017, they are running a shrimp farm and gave a complaint against the petitioners in Crl.O.P.(MD)No.13621 of 2017, wherein the petitioners in Crl.O.P.(MD)No.13621 of 2017 attacked the office bearers of the shrimp farm and the very same allegation given by the petitioner in Crl.O.P.(MD)No.13621 of 2017 against the petitioner in Crl.O.P.(MD)No.13601 of 2017 and the same is registered in Crime No.224 of 2017. Thereby, cases were registered against the petitioners in both the cases. Aggrieved by the same, the petitioners in both cases filed criminal original petitions.

3.The learned counsel for the petitioners in both the cases would submit that the petitioners in both cases are innocent persons and they have not involved in such case as alleged by the prosecution. They have been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) appearing for the respondent Police on instructions would submit that injured persons were discharged from the hospital.

5.Considering the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the petitioners in both cases. Accordingly, the petitioners in both cases are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Rameshwaram, on condition that each petitioner in both cases 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners in both cases shall report before the respondent Police daily between 10.00 a.m. and 11 a.m. for a period of two weeks and thereafter as and when required;

(ii) the petitioners in both cases shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioners in both cases 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/- 09/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, RAMESHWARAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE INSPECTOR OF POLICE TOWN POLICE STATION, RAMESWARAM, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.M.SUBASH BABU Advocate SR.No.32413 +1 cc to Mr.A.K.MANICKAM, Advocate Sr.No.32350 JAM/12.10.17/RR-BS/SAR 3/ 3P-7C

ORDER

IN CRL OP(MD)Nos.13601 and 13621 of 2017 Date :09/10/2017