Abimanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14721 of 2017 1 ABIMANAN 2 AKKINI ... PETITIONERS / ACCUSED NO.2 & 5 Vs STATE REP.BY THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.
CRIME NO.109/2013 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.SENGUTTUARASAN 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.2 and 5, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 341, 188 I.P.C., r/w. Sections 3(1) TNPPDL Act @ 147, 341, 188, 120(b) of I.P.C. and 109 of I.P.C., r/w. 3(1) of TNPPDL Act, in Crime No.109 of 2013, on the file of the respondent police, seek anticipatory bail. 2.
The case of the prosecution is that one Archunan, who drove the Government Bus from Usilampatti to Krishnapuram in rash and negligent manner, dashed against the Thevar statue and the petitioners came to the spot and damaged the bus. Hence, a case has been registered against the petitioners for the above said offences. 3.The learned counsel 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 investigation has been completed and charge sheet has also been filed before the trial Court. https://hcservices.ecourts.gov.in/hcservices/
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 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 Special SubCourt, Usilampatti, 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 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 appear before the concerned Court for each and every hearing without fail;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(iii) the petitioners shall not abscond either during investigation or trial;
(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/- 02/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
mrn TO 1 THE SPECIAL SUBORDINATE JUDGE, USILAMPATTI, MADURAI 2 THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DISTRICT.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.33762 GJM/CM/SAR-I-8.11.2017-2P-5C
ORDER
IN CRL OP(MD) No.14721 of 2017 Date :02/11/2017 https://hcservices.ecourts.gov.in/hcservices/