Shanmuganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14255 of 2017 1 SHANMUGANATHAN 2 RAJA 3 RAVICHANDRAN 4 KANNAN ... PETITIONERS/ACCUSED A1 TO A4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT, CR NO. 310/2017. ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.MURUGAN 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, who are arrayed as accused Nos.1 to 4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC, in Crime No.310 of 2017, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner has been taken sand from the river bed in his tractor and the same was objected by the defacto complainant and there was an altercation resulting in exchange of blows between the defacto complainant and the petitioners and due to that the defacto complainant sustained injuries.

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

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

5. Considering the facts and circumstances of the case and also considering the fact that 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 Court No.I, Ramanathapuram, 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 investigation officer, daily between 10.00 a.m. and 11.00 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/- 25/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMK/CP TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT

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

+1. CC to M/S.R.MURUGAN Advocate SR.No.33158 GJM/PM/PN/SAR-2-31.10.2017-3P-6C

ORDER

IN CRL OP(MD) No.14255 of 2017 Date :25/10/2017