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Madras High CourtCRL OP(MD)/14975/2017granted

Chandrasekar, v. The Inspector Of Police

2017-11-06Honourable Mr Justice M.Dhandapani2 pages

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.14975 of 2017 1 CHANDRASEKAR, 2 JEYAKUAMR, ... PETITIONERS / ACCUSED NO. 1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.427 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.BALAJI 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/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 427 and 506(ii), in Crime No.427 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 relatives and all of them are residing in a same compound. There was a civil dispute between the petitioners and the defacto complainant for the past several years. On the particular day, these petitioners blocked the rain water, thereby the rain water stagnated in front of the house of the defcato complainant. Which was questioned by the defacto complainant as against the petitioner, thereby the petitioner attacked the defacto complainant.

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.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that no one sustained injury. https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate

(Crl.side) that the no one sustained injury, 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 No.I, Srivilliputhur, 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 respondent police as and when required;

(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/- 06/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,SRIVILLIPUTHUR. 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLPUTHUR.

3 THE INSPECTOR OF POLICE WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH Court,MADURAI.

+1. CC to M/S.A.BALAJI Advocate SR.No.33847

ORDER

IN CRL OP(MD) No.14975 of 2017 Date :06/11/2017 MV:SM:SAR1:07/11/2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/