Madras High CourtCRL OP(MD)/14217/2017granted

Sathiyendran v. The Inspector Of Police,

2017-10-24Honourable Mr Justice M.Dhandapani2 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.14217 of 2017 1 SATHIYENDRAN 2 SATHIS KUMAR ... PETITIONERS/ ACCUSED NO.1 & 2 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT, CR.NO.244/2017 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK 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 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 506(ii) of I.P.C, in Crime No.

244 of 2017 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to previous motive on 19.10.2017, the de-facto complainant was standing in the occurrence place, the petitioner came there in bike and they abused and attacked the de-facto complainant by using filthy language, thereby the de-facto complainant sustained injuries and gave a complaint before the respondent police.

3.The learned counsel for the petitioners submitted that petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.Side) appearing for the State 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 submission made by the learned Government Advocate (Crl.side) that injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners https://hcservices.ecourts.gov.in/hcservices/

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, Paramakudi, 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 appear 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 petitioner 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 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.

rmi/kmi TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, NAINAR KOVIL POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.33135 GJM/PM/PN/SAR-4-26.10.2017-2P-6C

ORDER

IN CRL OP(MD) No.14217 of 2017 Date :24/10/2017 https://hcservices.ecourts.gov.in/hcservices/