Senthil Kumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16635 of 2017 1 SENTHIL KUMAR 2 MALAR 3 UDAYAMMAI ... PETITIONERS/ACCUSED Nos.1 to 3 Vs STATE REP BY THE SUB INSPECTOR OF POLICE R.S. MANGALAM POLICE STATION, RAMNATHAPURAM DISTRICT CRIME NO. 58/2017. ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.MUTHUSAMY 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 are arrayed as Accused Nos.1 to 3, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of I.P.C. in Crime No.58 of 2017, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there was a dispute arose regarding the distribution of water from the public tap. In that quarrel the petitioner attacked the defacto complainant and he sustained injuries. Hence, he gave 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 the injured person has been 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 person has been discharged from the hospital, I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/
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, Thiruvadanai, 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 shall report before the respondent police, daily at 10.30 a.m for a period of two weeks, after that as and when required for interrogation;
(ii) the 2nd and 3rd petitioners 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 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/- 05/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE SUB INSPECTOR OF POLICE R.S. MANGALAM POLICE STATION, RAMNATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI +1. CC to M/S.P.MUTHUSAMY Advocate SR.No.35569 ORDER IN CRL OP(MD) No.16635 of 2017 Date :05/12/2017 SMA/PM-PN/SAR-2/06.12.2017:2P/6c https://hcservices.ecourts.gov.in/hcservices/