Pattamuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13910 of 2017 1 PATTAMUTHU 2 PALANICHAMY 3 VELAMMAL ... PETITIONERS/ACCUSED No.1to3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.402/2017) ... RESPONDENT/COMPLAINANT For Petitioners : Mr.B.JEYAKUMAR 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/A1, A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 of IPC., and Section 4 of TNPWH Act, in Crime No.402 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there is family dispute entered between the petitioners and the de-facto complainant. The de-facto complainant is none other than the wife of the first petitioner and others are the in-laws of the de-facto complainant. 3.The learned counsel for the petitioners submitted 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 has been discharged from the hospital.
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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 has been discharged from the hospital, this Court is 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, Thenkasi, 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 appear before the respondent police 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 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 bail granted stands cancelled automatically.
sd/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, TENKASI 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PAVOORCHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.B.JEYAKUMAR Advocate SR.No.32800 ORDER IN CRL OP(MD) No.13910 of 2017 Date :13/10/2017 rmi/vsa SH/RR-BS/SAR-1:23.10.2017: 2p/6c https://hcservices.ecourts.gov.in/hcservices/