Ramar v. The Inspector Of Police,
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.14186 of 2017 1 RAMAR 2 ESWARI ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE THROUGH THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMNAD DISTRICT.
CRIME NO.108/2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.P.BANU PRASADH 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/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324 and 506(ii) of IPC, in Crime No.108 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on information, the SubInspector of Police went to the Hospital and recorded a statement from the de-facto complainant namely, Thanikodi. The petitioner and the defacto complainant are brothers. In view of civil dispute regarding the construction of house sites. The petitioner attacked the de-facto complainant and abused with filthy language, thereby the de-facto complainant lodged a complaint before the respondent police.
3. The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the above prosecution.
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. https://hcservices.ecourts.gov.in/hcservices/
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, Kamuthi, 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 respondent police, 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;
(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/- 24/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMNAD DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.BANU PRASADH Advocate SR.No.33055
ORDER
IN CRL OP(MD) No.14186 of 2017 Date :24/10/2017 SMA/PM-PN/SAR-2/26.10.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/