Manimaran, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16381 of 2017 1 MANIMARAN 2 ANBUCHELIYAN 3 SANTHI 4 AACHIMUTHU 5 MANGAYARKARASI ... PETITIONERS/ACCUSED RANK A1 to A5 Vs THE STATE THROUGH, THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.

(IN CR.NO.705 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.GANAPATHI SUBRAMANIAN 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 herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148,294(b), 323,324 and 506(ii) I.P.C., in Crime No.705 of 2017 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to the property dispute, the petitioners attacked the defacto complainant and sustained injuries. Hence the defacto complainant lodged a complaint against the petitioners herein before the respondent police. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. He further submitted that there is a case in counter in Crime No.704 of 2017 lodged against the defacto complainant by the petitioners herein.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that he did not disputed the above said of facts and further submitted that the injured 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) that the injured discharged from the hospital and also there is a case in counter, 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, Lalkudi 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 petitioner Nos.1,2 and 4 shall report before the respondent police daily at 10.30 a.m. for a period of four weeks, thereafter as and when required for interrogation.

(ii) the petitioner Nos. 3 and 5 shall report before the respondent police as and when required for interrogation.

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioners shall not abscond either during investigation or trial.

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

(vii) 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/- 04/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, LALKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.16381 of 2017 Date :04/12/2017 PK/PM-PN/SAR-4/08.12.2017 : 3P/5C