Krishnamoorthy, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12457 of 2016 1 KRISHNAMOORTHY 2 AYYAPPAN ... PETITIONERS/ACCUSED No.1&2 Vs STATE REP. BY THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.124 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.GOKUL Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are arrayed as accused nos. 1 and 2, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 294(b),323,341 and 506(ii) of IPC in Crime No.124 of 2016, seek anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel the petitioners attacked the defacto complainant and abused him in filthy language and also threatened with dire consequences. On complaint, a case has been registered against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He further submitted that A1 has already been arrested and remanded to judicial custody.
4. The learned Government Advocate (Crl. Side) submitted that the injured has been discharged from the hospital and the investigation of the case is pending.
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5. Considering the facts and circumstances of the case and also considering the fact that injured has been discharged from the
hospital, I am inclined to grant anticipatory bail to the 2nd petitioner. 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, Valliyoor, on condition that the 2nd 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: [a] the 2nd petitioner shall report before the respondent police daily at 10.00 am until further orders. [b] the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial. [c] the 2nd petitioner shall not abscond either during investigation or trial.
[d] 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 as if the conditions have been imposed and the petitioner 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]. 6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. In respect of the first petitioner, this Criminal Original Petition is dismissed.
sd/- 27/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.12457 of 2016 Date :27/07/2016 trp SH/DB/SAR-I:02.08.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/