Rasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17003 of 2017 1 RASU 2 CHINNASAMI 3 RAGUPATHI 4 RAJADURAI 5 CHITRA 6 MANIMEKALAI ... PETITIONERS Vs THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION PUDUKKOTAI DISTRICT (CR NO.365/2017) ... RESPONDENTS For Petitioner : Mr.MANI ANANDH, Advocate for Mr.R.RAJESH 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 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 341 and 506(ii) and Section 4 of Prohibition of Harassment of Women Act, 2002, in Crime No.365 of 2017, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to property dispute, the petitioners attacked the defacto complainant. As a result, the defacto complainant sustained injuries, thereby, he gave a complaint before the respondent police.

3.The learned counsel for the petitioners submitted that they did not commit any offence as alleged by the prosecution. 4.The learned Government Advocate (Crl.side) appearing for the respondents submitted that injured 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 injured 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, Keeranoor, Pudukottai District, 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 1st and 2nd petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and the 3rd,4th, 5th and 6th petitioners shall report before the respondent police as and when required ; (ii) the petitioners shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioners shall not commit any offence while on bail;

(iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer (v) the petitioner shall not abscond either during investigation or trial;

(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 bail granted stands cancelled automatically.

sd/- 11/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KEERANOOR, PUDUKOTTAI DISTRICT 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3 THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION PUDUKKOTAI DISTRICT

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.RAJESH Advocate SR.No.35988

ORDER

IN CRL OP(MD) No.17003 of 2017 Date :11/12/2017 rmi SH/RR/SAR-1:13.12.2017:2p/6c