Mathiyalagan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16563 of 2017 1 MATHIYALAGAN, 2 SELIN MARY, 3 LAKSHMI, 4 SANGEETHA, ... PETITIONERS / ACCUSED A1-A4 Vs STATE REP.BY THE INSPECTOR OF POLICE, KALLAKUDI POLICE STAION, TRICHY.

CR.NO.365 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.B.MOHANRAJ 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 Nos.1 to 4, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) of I.P.C., in Crime No.365 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was a property dispute with regard to pathway between the defacto complainant and the petitioners. On 06.11.2017, the first petitioner driven his tractor in the field on the defacto complainant and when the same was questioned, the petitioners attacked the defacto complainant's mother and father and caused injuries. Hence, the defacto complainant lodged a complainant before the respondent police. This is the case and case in counter. 3.The learned counsel for the petitioners submitted that the petitioners did not commit any offence as alleged by the prosecution and hence they pray for anticipatory bail.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that the defacto-complainant's mother was discharged from the hospital and his father admitted in the hospital due to sugar. But, no serious injuries to the defacto complainant's parents.

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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Lalgudi, Trichy 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 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 first petitioner/A-1 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; and the petitioner Nos.

(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 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/- 30/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE COURT, LALGUDI, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRAE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, TRICHY.

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

+1. CC to M/S.J.VIJAYARAJA Advocate SR.No.35456 GJM/CM/VR/SAR-4-6.12.2017-3P-6C

ORDER

IN CRL OP(MD) No.16563 of 2017 Date :30/11/2017