P.Karthick, v. The Inspector Of Police,
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.16935 of 2017 1 P.KARTHICK 2 S.SARAVANAN ... PETITIONERS / ACCUSED Rank Not Known Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THUVAKUDI POLICE STATION, TRICHY DISTRICT.
IN CRIME NO.397 OF 2017. ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.SELVA 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 No.rank not known, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 147, 447, 294(b), 323, 427, 506(i) of IPC. r/w 379 of IPC 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 19.11.2017, the petitioners forcibly thrown away the house hold articles from the defacto complainant's house and attacked the defacto complainant, thereby he sustained injury and admitted in the hospital. Hence, he lodged a complaint before the respondent police. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and did not commit any offence as alleged by the prosecution. Since the petitioners gave a complaint against the defacto complainant in Crime No.396 of 2017, the defacto complainant has lodged this complaint against him. This the case in counter case.
4.The learned Government Advocate (Criminal side) appearing for the state would submit that the injured person discharged from the
hospital.
5.Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Crl.Side), that the injured person 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, 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 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 petitioners shall appear before the respondent police daily at 10.00 a.m., for a period of two weeks, thereafter as and when required for interrogation;
(ii) the petitioners shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(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/- 08/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE, THUVAKUDI POLICE STATION, TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.N.ANANDAKUMAR Advocate SR.No.35939 JAM/13.12.17/PN/ SAR 1 / 3P-6C
ORDER
IN CRL OP(MD) No.16935 of 2017 Date :08/12/2017