Premkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13733 of 2017 1 PREMKUMAR 2 GOPI 3 SRINATH ... PETITIONERS / ACCUSED 1,2 & 4 Vs The State of Tamilnadu Rep.by its THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.223 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.BABU JAGANATH 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, who are arrayed as A1, A2 and A4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) IPC, in Crime No.223 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel arose between the petitioners and the de-facto complainant, while participating the Chelliamman Temple festival, due to which, the petitioners scuffled the de-facto complainant and caused injuries. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and the de-facto complainant alone created a problem in the temple festival. He further submitted that the A3 was already arrested and subsequently, released on bail. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured was discharged from the hospital and the petitioners have no previous case.
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 was discharged from the hospital and the petitioners have no previous case, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Kamuthi, 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 investigating Officer daily at 10.00 a.m., for a period of four weeks and thereafter as and when required for interrogation;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall make himself 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;
(v) 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 bail granted stands cancelled automatically.
sd/- 11/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE KAMUTHI, RAMANATHAPURAM DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTIRCT 3 THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.BABU JAGANATH Advocate SR.No.32513
ORDER
IN CRL OP(MD) No.13733 of 2017 Date :11/10/2017 SM:RR-BS:SAR I:20.10.2017:3P/6C