Mahesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14556 of 2017 1 MAHESH 2 SURESH ... PETITIONERS/ACCUSED No.2 & 3 Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT CRIME NO. 513/2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.RUSSEL RAJ 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, who are arrayed as accused Nos.2 and 3, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 342, 294(b), 324, 323 and 506(ii) of IPC, in Crime No.513 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, on 09.10.2017, the petitioner illegally restrained the defacto complainant and caused injuries with iron rod, due to which, the defacto complainant sustained injuries and admitted in the hospital. Thereafter, the defacto complainant gave a complaint before the respondent police.
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 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, 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, Eraniel, Kanyakumari District, 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 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/- 30/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.RUSSEL RAJ Advocate SR.No.33438 ORDER IN CRL OP(MD) No.14556 of 2017 Date :30/10/2017 SMA/CM/SAR-2/02.11.2017:2P/6c https://hcservices.ecourts.gov.in/hcservices/