Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of January Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.902 of 2015 1 RAJA 2 KANI 3 MAHESWARI ... PETITIONERS/ACCUSED NO.1 TO 3 Vs THE INSPECTOR OF POLICE NALATTIN PUTHUR POLICE STATION, THOOTHUKUDI DISTRICT. CR. NO.9/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. 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 and 506(i) I.P.C. in Crime No. 9 of 2015 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel arose between the petitioners and the defacto complainant and the petitioners attacked the defacto complainant.
3. The learned Counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offences as alleged in the F.I.R. and hence, seeks anticipatory bail to the petitioners.
4. The learned Government Advocate(Crl.Side) submitted that the injured person has already been discharged from the hospital and no previous case has been registered against the petitioners.
5. Considering the facts and circumstances of the case and also considering the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. 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, Kovilpatti on condition that each of the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
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[a] the petitioners 1 and 2 shall stay at Ettaiyapuram and report before the Ettaiyapuram Police Station daily at 10.30a.m. for a period of two weeks and thereafter as and when required for interrogation and the third petitioner shall report before the respondent police as and when required for interrogation.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Judicial 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 Judicial 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]. sd/- 21/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.
2.
-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.
3. THE INSPECTOR OF POLICE, ETTAIYAPURAM POLICE STATION, ETTAIYAPURAM.
4. THE INSPECTOR OF POLICE NALATTIN PUTHUR POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No. 3255 SR : 27.01.2015 : 2P/7C
ORDER
IN CRL OP(MD) No.902 of 2015 Date :21/01/2015 https://hcservices.ecourts.gov.in/hcservices/