Tamilselvan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14616 of 2017 1 TAMILSELVAN 2 NAGALAKSHMI 3 REVATHI ... PETITIONERS/ ACCUSED 1,3&4 Vs THE STATE, REP.BY INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT CRIME NO. 1116/2017 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.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, 3 and 4, apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 336 and 506(ii) of IPC, in Crime No.1116 of 2017, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a civil dispute between the petitioners and the defacto complainant. On 18.10.2017 the petitioners attacked the defacto complainant and thereby, the defacto complainant sustained simple injuries and admitted in the hospital. Thereafter, the defacto complainant gave a complaint before the respondent police against the petitioners.
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.
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 https://hcservices.ecourts.gov.in/hcservices/
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, Melur, 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 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/- 31/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
RMK TO 1 THE JUDICIAL MAGISTRATE,MELUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.33652 GJM/PM/PN/SAR-3-3.11.2017-2P-6C
ORDER
IN CRL OP(MD) No.14616 of 2017 Date :31/10/2017 https://hcservices.ecourts.gov.in/hcservices/