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Madras High CourtCRL OP(MD)/16639/2017granted

V.Karanraj @ Karan, v. The Inspector Of Police,

2017-12-08Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16639 of 2017 V.KARANRAJ @ KARAN, ... PETITIONER/ACCUSED No.8 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, PARTHIPANOOR POLICE STATION, RAMANATHAPRUAM DISTRICT.

(CRIME NO.319 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.THIRUMURUGAN 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 petitioner, who is arrayed as Accused No.8, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 147, 341, 342, 323, 294(b), 355 & 506(ii) of IPC, in Crime No.319 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the Accused No.1 has thrown a stone in the stagnated water in the school ground, which was make stain in the shirt of the defacto complainant. Therefore, the defacto complainant reported before the Head Master of that school. Since the Head Master questioned about the same with the accused persons, the accused persons joined together and attacked the defacto complainant, against which the defacto complainant lodged a complaint before the respondent police. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution. The petitioner arrayed as A8 in the above case. Since the case against the A1 to A7 was considered by the Juvenile Board, the A1 to A7 were arrested and released without remand. 4.The learned Government Advocate (Criminal side) appearing for the state did not dispute the facts submitted by the learned counsel for the petitioner.

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5.Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Crl.Side), I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner 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, Paramakudi, on condition that the petitioner 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 shall appear before the respondent police as and when required for interrogation;

(ii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioner shall not abscond either during investigation or trial;

(v) the petitioner 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/- 08/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PARAMAKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, PARTHIPANOOR POLICE STATION, RAMANATHAPRUAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.T.THIRUMURUGAN Advocate SR.No.35862

ORDER

IN CRL OP(MD) No.16639 of 2017 Date :08/12/2017 SMA/RR/SAR-3/13.12.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/