Periyasamy v. The Sub 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.14677 of 2017 1 PERIYASAMY 2 MANIKANNAN 3 PRAKASHRAJA ... PETITIONERS / ACCUSED 1,5 & 6 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE KALLIKKUDI POLICE STATION, MADURAI DISTRICT.
CRIME NO.285/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MANIKANDAN 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 apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 147, 294 (b), 323, 324, 506(ii) of I.P.C., in Crime No.285 of 2017 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that on 19.10.2017, the petitioners along with other accused scolded the family members of the defacto complainant and thereafter, there was a group clash arose between the petitioners' group and the defacto complainant's group. At that time the petitioners attacked the defacto complainant's sons and caused injuries. Based on the complaint, the case has been registered for the above said offences. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they did not commit any offence as alleged by prosecution.
4.The learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the co-accused already released on bail.
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, Thirumangalam, Madurai 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/- 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 THIRUMANNGALAM, MADURAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE KALLIKKUDI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.MANIKANDAN Advocate SR.No.33498 GJM/CM/SAR-I-1.11.2017-2P-6C
ORDER
IN CRL OP(MD) No.14677 of 2017 Date :31/10/2017 https://hcservices.ecourts.gov.in/hcservices/