Madras High CourtCRL OP(MD)/14857/2017granted

Selvadurai, v. The Inspector Of Police,

2017-11-03Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14857 of 2017 1 SELVADURAI 2 R.KANAGARAJAN 3 D.DHARMAPANDIAN 4 D.ALEXANDER SHEPHERD 5 D.JOHN RAJKUMAR 6 E.RAJA SAMUEL 7 A.ARUN MATHEW KUMAR 8 P.BENJAMIN ANBURAJ 9 A.STEPHEN DAVID RAJA 10 EMIMAL GNANASELVI 11 A.ANGEL DHAVASELVI 12 SRIDEVI 13 E.ADELINE 14 A.REWIN ... PETITIONERS / ACCUSED Nos.1to3,5,6,8to16 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI.

(CR.NO.849/2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.K.K.KANNAN Advocate For Respondent : MR.K.ANBARASAN Govt. 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, 5, 6, 8 to 16, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324 and 506 (ii) of I.P.C., in Crime No.849 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners and the defacto complainant are the members of the Church, namely Christ Church, Ilanthope, Madurai. On 29.10.2017, there was a quarrel between the petitioners and the defacto complainant regarding the appointment of Priest in the Church and thereby, they attacked each other. As a result, the defacto complainant sustained injuries and admitted in the hospital. Therefore, law enforcing agency registered

a case against the petitioner and the defacto complainant. This is a case and case in counter.

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 that injured 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 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 No.V, Madurai, 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 Sanarpati Police Station, Virudhunagar District, daily at 10.30 a.m., for a period of two weeks, and therefore, 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 abscond either during investigation or trial;

(v) the petitioners shall not commit any offence while on bail;

(vi) 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/- 03/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, SANARPATI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.K.KANNAN Advocate SR.No.33763

ORDER

IN CRL OP(MD) No.14857 of 2017 Date :03/11/2017 MKV-PM-PN-SAR 2/10.11.2017/3P-7C