P.Gokul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15493 of 2017 P.GOKUL ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE RAYAPPANPATTI POLICE STATION, THENI DISTRICT (CR.NO. 372/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.VENKATESWARAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2, apprehends arrest at the hands of the respondent police for the offences punishable under Section 294 (b), 342, 323 and 307 IPC, in Crime No.372 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 07.10.2017, the petitioner and other accused persons went to the defacto complainant's house and attacked him. Thereby, the defacto complainant sustained injuries and lodged a complaint before the respondent police.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offences as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that the injured persons discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side), I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt https://hcservices.ecourts.gov.in/hcservices/

of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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 shall report before the investigation officer, daily at 10.30 a.m. and 05.30 p.m., until further order:- (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not commit any offence while on bail;

(v) 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 and the anticipatory bail granted stands cancelled automatically.

sd/- 14/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, RAYAPPANPATTI POLICE STATION, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.VENKATESWARAN Advocate SR.No.34335

ORDER

IN CRL OP(MD) No.15493 of 2017 Date :14/11/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 4/16.11.2017/2P-6C