Madras High CourtCRL OP(MD)/15112/2017granted

Maheswaran v. The Sub Inspector Of Police

2017-11-22Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15112 of 2017 1 MAHESWARAN 2 MANOJ KUMAR 3 CHANDRASEKARAN 4 MANOHARAN 5 SEETHA ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY ITS, SUB INSPECTOR OF POLICE THOTTIYAM POLICE STATION, THOTTIYAM TALUK, TRICHY DISTRICT (CRIME NUMBER NOT KNOWN) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.GANAPATHI SUBRAMANIAN Advocate For Respondent : RM.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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 325 and 506(ii) of IPC, in Crime No. Not Known of 2017, seek anticipatory bail.

2.The case of the prosecution is that on 18.10.2017, the petitioners and the defacto complainant are neighbours. Due to Civil dispute, the petitioners attacked the defacto complainant, thereby the defacto complainant sustained injuries and he was admitted in the hospital.

3.The learned counsel for the petitioners submitted that the petitioners are innocent person 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 injured has been 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 injured has been 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, Musiri, 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, daily at 10.30 a.m., for a period of four weeks; (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 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 petitioner in accordance with law and the anticipatory bail granted stands cancelled automatically. sd/- 22/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rmi TO 1 THE JUDICIAL MAGISTRATE, MUSIRI

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE SUB INSPECTOR OF POLICE THOTTIYAM POLICE STATION, THOTTIYAM TALUK, TRICHY DISTRICT.

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

GJM/CM/VR/SAR-2-28.11.2017-3P-5C

ORDER

IN CRL OP(MD) No.15112 of 2017 Date :22/11/2017