Sankar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15064 of 2017 1 SANKAR 2 AMARNATH ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KUTRALAM POLICES STATION, TIRUNELVELI DISTRICT, CRIME NO. 460/2017.
... RESPONDENT / COMPLAINANT For Petitioners : M/S.B.JEYAKUMAR 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.1 and 2, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 498(A) and 506 (ii) of I.P.C., in Crime No.460 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners are inlaws of the defacto complainant's sister. The defacto complainant's sister married A3. The defacto complainant made a complaint before the respondent police alleging that every day A3 comes to house in a drunkard state and attack the defacto complainant's sister. In support of A3, A1 and A2, the petitioners herein went to the house of the defacto complainant in order to pacify the family dispute. However, they are also implicated in this criminal offence. 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. He further submitted that they are the in-laws and they tried to pacify the family dispute between the defacto complainant's sister and A3.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that the injured person 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, Shenkottai, 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 learned Judicial Magistrate, Tenkasi, daily at 10.30 a.m., for a period of two weeks, and thereafter, 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/- 07/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,SHENKOTTAI.
THE JUDICIAL MAGISTRATE,TENKASI.
3 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE KUTRALAM POLICES STATION, TIRUNELVELI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH Court,MADURAI.
+1. CC to M/S.B.JEYAKUMAR Advocate SR.No.33968
ORDER
IN CRL OP(MD) No.15064 of 2017 Date :07/11/2017 MV:CM:SAR3:14/11/2017/3P/7C