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Madras High CourtCRL OP(MD)/14175/2017granted

Murali, v. The Inspector Of Police,

2017-10-24Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14175 of 2017 1 MURALI, 2 PALANI, ... PETITIONERS / ACCUSED NOS.4 AND 3 Vs STATE REP.BY ITS, THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.110 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.J.CHAKKRAVARTHY Advocate For Respondent : MR.K.ANBARASAN Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as Accused Nos.4 and 5, apprehend arrest at the hands of the respondent police for offences punishable under Sections 147, 148, 294(b), 323 and 506(ii) of I.P.C., read with Section 4 of Tamil Nadu Prohibition Women Harassment Act in Crime No.110 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity, on 16.10.2017, there was a wordy quarrel between the petitioners and the defacto complainant and thereby, the petitioners attacked the defacto complainant and also abused him. As a result, 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 for the petitioners submitted that the petitioners are innocent and they are not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) appearing for the State 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, Kamuthi, Ramanathapuram 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 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 second petitioner shall report before the respondent police, daily at 10.00 a.m., for a period of six weeks, and thereafter, as and when required for interrogation; (ii) the first petitioner 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; (iii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioners shall not commit any offence while on bail;

(vi) 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/- 24/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN/VSG TO 1 THE JUDICIAL MAGISTRATE KAMUTHI, RAMANATHAPURAM DISTRICT

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.J.CHAKKRAVARTHY Advocate SR.No.33149 GJM/RR/BS/SAR-4-27/10/2017-3P-6C

ORDER

IN CRL OP(MD) No.14175 of 2017 Date :24/10/2017