Muthukutty v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14399 of 2017 1 MUTHUKUTTY 2 PRABHU ... PETITIONERS/ACCUSED No.1&2 Vs STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, TUTICORIN DISTRICT CRIME NO.246/2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.M.S.JEYAKARTHIK Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate 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 and 2, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC, in Crime No.246 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 20.10.2017, during the house warming function of the defacto complainant, they bursting crackers, when the same was questioned by the neighbour petitioners, there was a wordy quarrel arose between them and the petitioners abused the defacto complainant using filthy language and attacked the defacto complainant using hands. Based on the compliant, the case has been registered for the above said offences.
3. The case of the petitioners is 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 respondent on instructions, would submit that the defacto complainant sustained simple injuries in the said occurrence and after treatment he was discharged from the hospital. He further https://hcservices.ecourts.gov.in/hcservices/
submitted that the investigation is still pending. This is a case of case and case in counter.
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, Srivaikundam, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), 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;
(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/- 26/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER IN CRL OP(MD) No.14399 of 2017 Date :26/10/2017 pjl SH/CM-MSA/SAR-4:31.10.2017: 2p/5c https://hcservices.ecourts.gov.in/hcservices/