Gurusamy v. State Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12340 of 2016 1 GURUSAMY 2 MUTHUMUNIYANDI 3 MADASAMY ... PETITIONERS/ACCUSED NO.1 FOR 1ST PETITIONER AND RANK NOT KNOWN TO PETITIONERS 2 AND 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, VILATHIKULAM POLICE STATION TUTICORIN DISTRICT CRIME NO.102 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.MURUGAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners 1 to 3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294 (b), 342, 323, 355 and 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002, in Crime No.102 of 2016 on the file of the respondent police and hence, seek anticipatory bail. 2.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners. 3.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital. 4.

Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they 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, Vilathikulam, Tuticorin District, on condition that each of the petitioners shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the respondent Police daily at 10.00 a.m. until further orders. https://hcservices.ecourts.gov.in/hcservices/

(ii)the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioners shall not abscond either during investigation or trial.

(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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not. sd/- 22/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE VILATHIKULAM,TUTICORIN DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE, VILATHIKULAM POLICE STATION TUTICORIN DISTRICT.

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

+1. CC to M/S R.MURUGAN Advocate SR.No.38873

ORDER

IN CRL OP(MD) No.12340 of 2016 Date :22/07/2016 PA/SKS-RR/SAR II/26.07.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/