Madras High CourtCRL OP(MD)/14176/2017partly allowed

Boomiraj v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14176 of 2017 1 BOOMIRAJ 2 SELVI 3 VELMURUGAN ... PETITIONERS/ACCUSED 1 TO 3 Vs THE STATE BY THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT, CRIME NO.377/2017 ... RESPONDENT / COMPLAINANT For Petitioners : P.CHELLAPANDIAN 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/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.377 of 2017, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a pathway dispute in between the defacto complainant/advocate and the petitioners. When the defacto complainant was proceeding in the said pathway on 11.10.2017 at 7.00 a.m., the petitioners scolded the defacto complainant with filthy language and attacked him with wooden log, thereby the defacto complainant sustained injuries.

3. The learned counsel appearing for the petitioner states that the petitioners are an innocent persons and they have not committed any offences as alleged by the above prosecution. He would further submit that in fact a case in counter has been lodged by the petitioners herein against the defacto complainant.

4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that the injured person has been discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured has 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 their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Vedachandur, 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 All Women Police Station, Nillakottai, daily at 10.00 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;

(iv) 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.

KMI/RMI TO 1 THE JUDICIAL MAGISTRATE,VEDACHANDUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT

3 THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, NILAKOTTAI.

GJM/PM/PN/SAR-4-30.10.2017-3P-6C

ORDER

IN CRL OP(MD) No.14176 of 2017 Date :24/10/2017