Paiyan Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13814 of 2017 1 PAIYAN RAJA 2 PAIYAN KAMARAJ 3 JAYARAJ 4 PON RAJ ... PETITIONERS / ACCUSED NO.1 TO 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE S.T.KULAM POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.208 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.THIRUVADIKUMAR 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 No.1 to 4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(i) of I.P.C. in Crime No.208 of 2016, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to the civil dispute between the defacto complainant and accused persons, the petitioners are said to have abused the defacto complainant and assaulted him and thereby de-facto complainant sustained injuries and admitted in the hospital. On complaint given by the defacto complainant, a case has been registered for the above said offences. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured person was 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 was 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Nagercoil, 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 respondent police daily at 10.00 a.m, for a period of three 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 petition for the anticipatory bail stands dismissed.

sd/- 12/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III NAGERCOIL,KANYAKUMARI DISTRICT.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE S.T.KULAM POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.THIRUVADIKUMAR Advocate SR.No.32678

ORDER

IN CRL OP(MD) No.13814 of 2017 Date :12/10/2017 MV:PM-PN:SAR3:20/10/2017/3P/6C