Amavasi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14959 of 2017 1 AMAVASI 2 A.RASU 3 DEEPA 4 GEETHA 5 PITCHAI 6 ELANGOVAN ... PETITIONERS / ACCUSED NO.1 to 6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KANAVILAKKU POLICE STATION, USILAMPTTI TALUK, MADURAI DISTRICT, CR.NO.305/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.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 / A1 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C, in Crime No.
305 of 2017 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 29.10.2017, there was a dispute between the petitioner and the defacto complainant. The defacto complainant is none other than the paternal son of the petitioner and other persons are relatives. On the particular day, the defacto complainant put up a thatch shed and the same was questioned by the petitioner. Due to wreck vengeance, the petitioner attacked the defacto complainant, thereby the defacto complainant sustained injuries.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the 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) that the injured was discharged from the hospital, this Court is 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 Court, Andipatti, 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/A1, A2, A5 and A6 shall report before the respondent police, daily at 10.00 a.m., for a period of two weeks and the petitioners A3 and A4 shall appear before the respondent police as and when required;
(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner 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/- 06/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KANAVILAKKU POLICE STATION, USILAMPTTI TALUK, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.KANNAN Advocate SR.No.33855 ORDER IN CRL OP(MD) No.14959 of 2017 Date :06/11/2017 MKV-PM-PN-SAR 2/9.11.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/