Kasinathan 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.14566 of 2017 1 KASINATHAN 2 VEERIAH 3 KARUPPAIAH ... PETITIONERS/ ACCUSED 1 TO 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, SALAIGIRAMAM POLICE STATION, ILAYANGUDI TALUK, SIVAGANGAI DISTRICT.
(CRIME NO. NOT KNOWN OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners: M/S.B.PRAHALAD RAVI Advocate For Respondent : M/S.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 3, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, and 506(ii) of I.P.C. r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002, in Crime No.120 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there is a civil dispute between the petitioners and the de-facto complainant. While civil suit was pending, the petitioners poured mud in the disputed property, which was questioned by the defacto complainant and thereby, the petitioners attacked the defacto complainant with iron rod and hence, the defacto complainant sustained injuries and admitted in the Hospital. Therefore, a case has been registered by the respondent police against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured person was 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), I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/
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 of receipt of a copy of this order, before the learned Judicial Magistrate Ilayangudi, 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 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 respondent police daily at 10.00 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
(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/- 30/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, ILAYANGUDI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
3. THE INSPECTOR OF POLICE, SALAIGIRAMAM POLICE STATION, ILAYANGUDI TALUK, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.PRAHALAD RAVI Advocate SR.No.33495 ORDER IN CRL OP(MD) No.14566 of 2017 Date :30/10/2017 MS/SM-RR/SAR.1/01.11.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/