Ashwin 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.13945 of 2017 1 ASHWIN 2 CHANDRU 3 PRASANTH ... PETITIONERS / ACCUSED Nos.2,6 & 7 Vs THE STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMNATHAPURAM DISTRICT, CR NO. 290/2017. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.S.JEYAKARTHIK 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/A2, A6 and A7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) & 307 IPC., in Crime No.290 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the defacto complainant is working as an auto driver. While he was sitting in the place of occurrence, the accused abused him with filthy language, attacked him with deadly weapon and caused injuries. Hence, he gave a complaint before the respondent police.
3.The learned counsel for the petitioners would submit that that this is the second application before this Court and the injured has already been discharged from the hospital. 5.The learned Government Advocate (Crl.side) appearing for the respondents confirmed the discharge of the injured person. 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 has already been 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 https://hcservices.ecourts.gov.in/hcservices/
their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, 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 daily at 10.00 a.m. for a period of three weeks ;
(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) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(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/- 13/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMNATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.32869 JAM/24.10.17/RR-BS/SAR 1 / 2P-6C ORDER IN CRL OP(MD) No.13945 of 2017 Date :13/10/2017 https://hcservices.ecourts.gov.in/hcservices/