Dhanasekaran v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17166 of 2017 1 DHANASEKARAN 2 SEETHAI 3 LATHA 4 LAKSHMI 5 GANESAN 6 ANBU ... PETITIONERS/ACCUSED Vs STATE THROUGH ITS THE INSPECTOR OF POLICE, MELAVALAVOO POLICE STATION, MADURAI DISTRICT, CRIME NO.396/2017 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.S.MP AMALAN 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 are arrayed as Accused, apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 323, 324 and 506(ii) of I.P.C.
and Section 4 of Tamilnadu Women Harassment Act, in Crime No.396 of 2017, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 06.12.2017, due to enmity the petitioners had quarrelled with the defacto complainant and beaten her with hands and thereby, the defacto complainant sustained injuries and lodged a complaint against the petitioners before the respondent police.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State on instructions 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), 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 Judicial Magistrate, Melur, 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 1, 5 shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks, and thereafter, as and when required for interrogation; and the petitioners 2, 3, 4 and 6 shall report before the respondent police, 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 make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(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/- 13/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE MELUR, MADURAI DISTRICT 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, MELAVALAVOO POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.36179
ORDER
IN CRL OP(MD) No.17166 of 2017 Date :13/12/2017 ls SH/CM/SAR-1:15.12.2017:3p/6c