Shanmuga Priya 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.14144 of 2017 1 SHANMUGA PRIYA 2 V.MAYILVAGANAN ... PETITIONERS/ ACCUSED NO.1 AND 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.322 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners: M/S.V.SANKARA NARAYANAN Advocate For Respondent : M/S.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 offences punishable under Sections 294 (b), 324, 341 and 506(ii) of I.P.C., in Crime No.322 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant who is the petitioner's uncle borrowed money from the petitioners and when the petitioners asked him to repay the money, a wordy quarrel arose between them. As a result, the petitioners attacked the defacto complainant and verbally abused him using unparliamentary words and thereby the defacto complainant sustained injuries which culminated in to registering the F.I.R. against the petitioners.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they are not committed any offence as alleged by the prosecution. He further submitted that the petitioners only requested the defacto complainant to repay the loan.

4. The learned Government Advocate (Crl.side) appearing for the State 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 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 Court, Vadipatti, 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 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 four 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.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.V.SANKARA NARAYANAN Advocate SR.No.32968 ORDER IN CRL OP(MD) No.14144 of 2017 Date :23/10/2017 MS/CM-MSA/SAR.1/27.10.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/