Raj Alias Stephen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15986 of 2017 1 RAJ ALIAS STEPHEN 2 SHYAM 3 KALEESWARAN ALIAS KALIDOSS 4 PITCHAIMUTHU ... PETITIONERS / ACCUSED Nos.1 to 4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE EMANEESWARAM POLICE STATION, CR NO. 335/2017 RAMANATHAPURAM DISTRICT ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.VENKATESWARAN, ADVOCATE for M/S.R.SELVI 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 petitioners / Accused Nos.1 to 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.335 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 15.11.2017, the petitioners riding a motor cycle intercepted an auto wherein the defacto complainant travelled and abused him and assaulted the auto driver, thereby the defacto complainant filed a complaint before the respondent police.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that injured are treated as out- patient. 5.Considering the facts and circumstances of the case and also

considering the submission made by the learned Government Advocate (Crl.side) that injured are treated as out out-patient , 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, Paramakudi, 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 petitioners/A1, A3 and A4 shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks. The petitioner/A2 shall report before the respondent police as and when required ;

(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; (iii) the petitioners shall not commit any offence while on bail;

(iv) 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/- 22/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM

3 THE INSPECTOR OF POLICE EMANEESWARAM POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.SELVI Advocate SR.No.34865 JAM/27/11.17/PM-PN/SAR 1/ 3P-6C

ORDER

IN CRL OP(MD) No.15986 2017 Date :22/11/2017