Murai Alias Muthumanickam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14509 of 2017 MURAI ALIAS MUTHUMANICKAM ... PETITIONER/3rd ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE THATCHANALLUR POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 675/2013 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU 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 petitioner, who is arrayed as A3, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 323 and 506(i) I.P.C., in Crime No.675 of 2013, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner attacked the de-facto complainant, while he was returning home. Thereby the de-facto complainant sustained injuries and gave a complaint before the respondent police and the case was registered in the year 2013.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate (Crl.side) would submit that after registration of F.I.R., charge sheet itself has been filed before the competent Court. Hence, he has no objection for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Tirunelveli, on https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner 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 petitioner shall report before the concerned Court for all the future hearing dates without fail.

(ii) the petitioner 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 petitioner 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/- 27/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE THATCHANALLUR POLICE STATION, TIRUNELVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.SUBASH BABU Advocate SR.No.33456

ORDER

IN CRL OP(MD) No.14509 of 2017 Date :27/10/2017 SMA/RR-SM/SAR-2/01.11.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/