Selastin Raj, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16745 of 2017 1 SELASTIN RAJ, 2 DHARMARAJ, 3 WILSON, ... PETITIONERS/ACCUSED 1 to 3 Vs STATE REP BY THE SUB INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KALIYAKKAVILAI, KANYA KUMARI DISTRICT.

(CRIME NO.397 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.ASOK KUMAR RAM 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.397 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 11.12.2017 when the defacto complainant standing before the Padanthalumoodu, N.S.Petrol Bunk, the accused person came and attacked the defacto complainant and thereby he sustained injury and gave a complaint before the respondent police.

3.The learned counsel appearing for the petitioner would submit that A2 was already arrested and released on bail and other petitioners are not arrested. Accordingly he prays for anticipatory bail.

4. The learned Government Advocate (Crl.side) appearing for the State submitted that the injured person has been discharged from the hospital.

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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 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, Valliyoor, 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioners shall not abscond either during investigation or trial;

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

(v) 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/- 06/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VALLIYOOR 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE SUB INSPECTOR OF POLICE, KALIYAKKAVILAI POLICE STATION, KALIYAKKAVILAI, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.ASOK KUMAR RAM Advocate SR.No.35771

ORDER

IN CRL OP(MD) No.16745 of 2017 Date :06/12/2017 SMA/RR/SAR-3/12.12.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/