Vijayabalan v. The Sub 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.13851 of 2017 VIJAYABALAN ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE SUB INSPECTOR OF POLICE PUTHANATHAM POLICE STATION, TRICHIRAPPALLI DISTRICT, IN CRIME NO.123/2017 ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.V.MAHARAJAN 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 petitioner, who is arrayed as Accused Rank not known, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of I.P.C. in Crime No.123 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant was attacked by the petitioner. The de-facto complainant sustained injuries and admitted in the hospital. On Complaint given by the defacto complainant, a case has been registered against the petitioner for the above said offence. Similarly, the petitioner also lodged a case against the de-facto complainant in Crime No.122 of 2017. This is a case and case in counter.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has 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.

6.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 petitioner with certain https://hcservices.ecourts.gov.in/hcservices/

conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapparai, Trichirappalli District, on condition that the petitioner 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 petitioner 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 anticipatory bail stands dismissed.

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

mrn/vsg TO 1 THE JUDICIAL MAGISTRATE,MANAPPARAI, TRICHIRAPPALLI DISTRICT 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, PUTHANATHAM POLICE STATION, TRICHIRAPPALLI DISTRICT.

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

+1. CC to M/S.V.MAHARAJAN Advocate SR.No.32726 GJM/PM/PN/SAR-I-20.10.2017-2P-6C

ORDER

IN CRL OP(MD) No.13851 of 2017 Date :12/10/2017 https://hcservices.ecourts.gov.in/hcservices/