Asaria Vijay @ Vijay Asariya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14142 of 2017 1 ASARIA VIJAY @ VIJAY ASARIYA 2 HARI PRAVEEN ... PETITIONERS / ACCUSED Nos.1 to 2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT .
CR.NO.423/2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.V.SASI KUMAR 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, who are arrayed as accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for offences punishable under Sections 341, 294(b), 323, 506(ii) of I.P.C., in Crime No.423 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 11.10.2017, while the defacto complainant was driving his car, the petitioners came towards him from the opposite side in a motorbike and restrained the defacto complainant and abused him using unparliamentary words and also attacked him. Thereby, the defacto complainant sustained injuries. Hence, a case has been registered by the defacto complainant against the petitioners before the respondent police. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured 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), 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, Valliyoor, on condition that the petitioners shall https://hcservices.ecourts.gov.in/hcservices/
execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) 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 two 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 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/- 23/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.V.SASI KUMAR Advocate SR.No.83490 JAM/25.10.17/CM-MSA/SAR 3/ 2P-6C
ORDER
IN CRL OP(MD) No.14142 of 2017 Date :23/10/2017 https://hcservices.ecourts.gov.in/hcservices/