Vanumamalai 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.14593 of 2017 1 VANUMAMALAI 2 GANAPATHY @ GANESAN 3 MUTHU ... PETITIONERS/ ACCUSED NO. 4 TO 6 Vs STATE REP.BY THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO. 290 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.T.A.EBENEZER 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.4 to 6, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324, 355, 506(ii) and 307 of IPC, in Crime No.290 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to the previous motive, on 27.09.2017, during the temple festival, the petitioners waylaid the defacto complainant and abused him using filthy language and attacked him with Aruval and the defacto complainant sustained injuries. On complaint, case has been registered for the above said offences against the petitioners.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide any conditions to be imposed by this Court and prays for bail.
4.The learned Government Advocate(Crl.side) submitted that the injured has been discharged from the hospital and there is no previous cases pending against the petitioners. He further submitted that the investigation is still pending.
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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, Nanguneri, 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 Town Police Station, Virudhunagar, daily between 10.30 a.m. and 11.30 a.m., for a period of three weeks and thereafter as and when required;
(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(v) 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, NANGUNERI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.
3. THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.
4. THE INSPECTOR OF POLICE, TOWN POLICE STATION, VIRUDHUNAGAR.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.T.A.EBENEZER Advocate SR.No.33414 ORDER IN CRL OP(MD) No.14593 of 2017 Date :30/10/2017 MS/PM-PN/SAR.2/01.11.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/