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Madras High CourtCRL OP(MD)/15570/2017granted

Selvaraj @ Sathish Kumar v. The Inspector Of Police

2017-11-15Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15570 of 2017 1 SELVARAJ @ SATHISH KUMAR 2 NATARAJAN 3 SUBRAMANIAN 4 GOMATHI 5 PETCHIMUTHU ... PETITIONERS/ ACCUSED NO. 1 TO 4 & 6 Vs STATE REP.BY THE INSPECTOR OF POLICE, NARAIKINARU POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.33/2017 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.M.PRABU Advocate For Respondent : M/S.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 are arrayed as Accused No.1 to 4 and 6, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 324 and 506(i) of IPC in Crime No.33 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 11.11.2017, due to previous election motive between the petitioners and defacto complainant, the petitioners attacked the defacto complainant and caused injuries. Thereby, the defacto complainant filed a complaint against the petitioner before the respondent police. 3.The learned counsel for the petitioners submitted that the petitioners did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been 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 petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on https://hcservices.ecourts.gov.in/hcservices/

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.II, Kovilpatti, on condition that the petitioners 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 petitioners shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., for a period of four weeks;

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners 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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.

sd/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3. THE INSPECTOR OF POLICE, NARAIKINARU POLICE STATION, THOOTHUKUDI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.PRABU Advocate SR.No.34449 ORDER IN CRL OP(MD) No.15570 of 2017 Date :15/11/2017 MS/PM-PN/SAR.1/17.11.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/