Saravana v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17079 of 2017 1 SARAVANA 2 VIJAYA 3 JEYALAKSHMI ... PETITIONERS/ ACCUSED NO.1,3,4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE JAMBUNATHAPURAM POLICE STATION, THIRUCHIRAPALLI DISTRICT.

CRIME NO.174/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.N.KARTHIK KANNA 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/Accused nos.1,3 & 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.174 of 2017, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant. There was a wordy quarrel between them, thereby, the petitioners attacked the defacto complainant and he sustained injuries. Hence, the defacto complainant 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. He would further submit that in fact a case in counter has been lodged by the petitioners herein against the defacto complainant. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured was 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 was discharged from the hospital, this Court is 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, Thuraiyur, Thiruchirapalli, 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 first petitioner/accused no.1 shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks and the second and third petitioners/accused nos.3 & 4 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 make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not commit any offence while on anticipatory 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/- 18/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RMI TO 1 THE JUDICIAL MAGISTRATE,THURAIYUR, THIRUCHIRAPALLI

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE,JAMBUNATHAPURAM POLICE STATION, THIRUCHIRAPALLI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM//PM/PN/SAR-I-21.12.2017-3P-5C

ORDER

IN CRL OP(MD) No.17079 of 2017 Date :18/12/2017