Suresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16243 of 2017 1 SURESH 2 RAJKAMAL @ RAMPRASATH 3 RAVI @ RAVIKUMAR 4 YOGESH @ MURUGESHKUMAR 5 MANI @ MANIKANDAN 6 RAJBABU 7 KARTHIK 8 PREM @ PREMKUMAR ... PETITIONERS / ACCUSED 1 TO 8 Vs STATE REP.BY INSPECTOR OF POLICE TEMPLE POLICE STATION, RAMESHWARAM, RAMANATHAPURAM DISTRICT CR.NO.117/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.D.BALAMURUGAPANDI Advocate For Respondent : MR.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 8, apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 323, 324, 506(ii) of I.P.C., in Crime No.117 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners are belonged to one political party. Since the defacto complainant stated some derogative remarks against the political party, the petitioners attacked the defacto complainant on 22.11.2017. Thereby the respondent police registered the case against the petitioners.
3.The learned counsel for the petitioners states that the defacto complainant uploaded the derogative remarks against the political party, which was questioned by the petitioners. However, they did not attack the defacto complainant as alleged
by them. The entire case foisted by the prosecution is with full of false allegations.
4.The learned Government Advocate (Criminal Side) for the State would submit that the the injured person also discharged from the hospital.
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 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 of a copy of this order, before the learned Judicial Magistrate, Rameshwaran, 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 report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, 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 make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) 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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically. sd/- 27/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tm TO 1 THE JUDICIAL MAGISTRATE RAMESHWARAM, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANTHAPURAM DISTIRCT 3 THE INSPECTOR OF POLICE TEMPLE POLICE STATION, RAMESHWARAM, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.D.BALAMURUGAPANDI Advocate SR.No.35256 GJM/RR/SAR-I-6.12.2017-3P-6C
ORDER
IN CRL OP(MD) No.16243 of 2017 Date :27/11/2017