Rajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6268 of 2018 1 RAJENDRAN 2 MOORTHY ... PETITIONERS/ACCUSED 3 & 4 Vs THE STATE BY, THE INSPECTOR OF POLICE MUDUKULATHUR POLICE STATION, RAMNAD DISTRICT, CRIME NO.47/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.D.VENKATESH, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) For Intervener : M/S.VIJAYARAJA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent Police for offences under Sections 294(b), 323 & 506 (ii) of IPC in Crime No.47 of 2018 and seek anticipatory bail. They have been shown as accused Nos.3 and 4.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl Side) appearing for the respondent.

3.The learned counsel appearing for the intervenor strongly objected the grant of Anticipatory Bail to the petitioners herein by alleging that the information originally lodged by them was not taken note of and instead of that a false First Information Report was registered. He also alleged there was a collusion between the Investigating Officer and the accused. He also pointed out that the injured is still in hospital and therefore Anticipatory Bail may not be granted to the petitioners herein.

https://hcservices.ecourts.gov.in/hcservices/ 4.It is seen that the specific overt acts are attributed to Accused Nos.1 and 2 and that therefore they were rightly arrested

and remanded to judicial custody. It is further pointed out that the first accused is having a previous murder case to his credit and the other petitioner appeared to have assaulted by using hands. The petitioners herein are not having any previous case. 5.Taking note of the same, Anticipatory Bail is granted to the petitioners herein with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Mudukulathur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall however stay at Manamadurai and report before the local Police Station daily at 10.30 a.m. for a period of three weeks. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE MUDUKULATHUR POLICE STATION, RAMNAD DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENKATESH Advocate SR.No.6606

ORDER

IN CRL OP(MD) No.6268 of 2018 Date :19/04/2018 PK/CSL/VK/24.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/