Tamil Selvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15331 of 2017 1 TAMIL SELVI 2 MANOJ KUMAR ... PETITIONER/ ACCUSED NO.1 & 2 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT CR NO. 797/2017. ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.A.ANANDA RAJ 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 apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 341, 294(b), 323, 355 and 506(i) of I.P.C., in Crime No.797 of 2017, on the file of the respondent Police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and the defacto complainant are close relatives, due to previous enmity, there was a wordy quarrel with each other and sustained injuries. Thereby, the defacto complainant lodged a complaint against the petitioners/accused persons.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.side) appearing for the respondent Police, on instructions, would submit that the defacto complainant sustained simple injuries only and investigation is almost completed.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), 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, Aruppukkottai, 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 petitioner no.1 shall report before the respondent police daily at 10.30 a.m for a period of two weeks, thereafter as and when required for interrogation;
(ii)the petitioner no.2 shall report before the respondent police daily at 10.30 a.m for a period of four weeks, thereafter as and when required for interrogation; (iii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (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/- 10/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MSA TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI
2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.A.ANANDA RAJ Advocate SR.No.34238 GJM/PM/PN/SAR-2-15.11.2017-3P-6C
ORDER
IN CRL OP(MD) No.15331 of 2017 Date :10/11/2017