Muthugopal v. The Sub 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.17258 of 2017 MUTHUGOPAL ... PETITIONER / ACCUSED Rank Not Known Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, M. RETTIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.UNKNOWN OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.BASKARAN 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 petitioner/sole accused who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(1) of I.P.C, in Crime No.203 of 2017, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a civil dispute between the petitioner and the defacto complainant in respect of agricultural land. The Petitioner assaulted the defacto complainant with iron rod, thereby, the defacto complainant sustained grievous injuries. Aggrieved by the same, he filed a complaint before the respondent police.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that the injured has been discharged from the hospital. In fact, a case in counter has been lodged by the petitioner as against the defacto complainant.
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 has been discharged from the hospital. I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is 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 Court, Aruppukottai, on condition that the petitioner 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 report before the respondent police, daily at 10.30.a.m, for a period of four weeks;
(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;
(iii) the petitioners shall not commit any offence while on bail;
(iv) 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.
TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE SUB INSPECTOR OF POLICE, M. RETTIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1 CC TO Mr. A.BASKARAN , Advocate, Sr.No.93540 JAM/28.12.17/PN/ SAR 4 / 3P-6C
ORDER
IN CRL OP(MD) No.17258 of 2017 Date :18/12/2017