A.Jeyapaul v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14084 of 2017 1 A.JEYAPAUL 2 A.JEYA CHANDRAN ... PETITIONERS / ACCUSED NOS.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADURAI DISTRICT.
CRIME NO.1363/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY 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 Nos.1 and 2, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341 and 506(1) of IPC, in Crime No.1363 of 2016, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel regarding civil dispute between the petitioners and the defacto complainant and the petitioners are said to have threatened the defacto complianant with dire consequences. Therefore, the defacto complainant lodged a compliant before the respondent police.
3. The learned counsel appearing for the petitioners would submit that there was a civil dispute between the petitioners and the defacto complainant. He also submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Criminal side) appearing for the state on instructions, would submit that no one was injured in the wordy quarrel and he fairly considered that there was a case in counter registered in Cr.No.14 of 2011, between the petitioners and the defacto complainant.
5. Considering the facts and circumstances of the case and also considering the fact that there was a case in counter, 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 on which the order copy is made ready, before the learned Judicial Magistrate No.IV, Madurai, Madurai 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 investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of two weeks;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(iii) the petitioners shall make themselves 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 anticipatory bail granted stands cancelled automatically.
sd/- 25/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE KOODAL PUDUR POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S.T.LAJAPATHI ROY Advocate SR.No.33213
ORDER
IN CRL OP(MD) No.14084 of 2017 Date :25/10/2017 MV:RR-BS:SAR2:31/10/2017/3P/6C