Kaliraj Alias Kaleeshwaran 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.16003 of 2017 1 KALIRAJ @ KALEESHWARAN 2 M.MADASAMY ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR NO. 664/2017. ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.SOLAISAMY 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, who is arrayed as accused No.2, apprehend arrest at the hands of the respondent police for offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.664 of 2017, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 14.11.2017, the petitioners and his friends were proceeding in front of the defacto complainant's car in their two wheelers and at the time, the defacto complainant blew horn asking for way and due to which, a wordy quarrel arose between them and thereby, the petitioners and other accused attacked the defacto complainant. As a result, the defacto complainant sustained injuries and was admitted in the hospital. On complaint, a case has been registered against the petitioners before the respondent police.

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

4. The learned Government Advocate (Crl.side) appearing for the State the injured was discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate

(Crl.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 his 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, Sattur, 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 shall not appear before the respondent police as and when required for interrogation;

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

(iii) 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 petitioner 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 NO.II, SATTUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SOLAISAMY Advocate SR.No.34832 ORDER IN CRL OP(MD) No.16003 of 2017 Date :22/11/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-VR-SAR 1/24.11.2017/2P-6C