Raja @ Maharajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17353 of 2017 1 RAJA @ MAHARAJAN 2 KRISHNAN ... PETITIONERS / ACCUSED NO.1&2 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE THALAIYOOTHU POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.374/2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK 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 offence punishable under Sections 294 (b), 324 & 506(ii) I.P.C., in Crime No.
374 of 2017, on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that on 30.11.2017, the accused no.1 running a fruit stall and the accused no.2 is the labour of the said shop. The defacto complainant, in order to purchase the fruits from the petitioners' shop, there was a wordy quarrel between the petitioners/accused no.1 and 2 herein and the defacto complainant, thereby, the defacto complainant sustained injuries and lodged a complaint before the Law Enforcing Agency.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they did not commit any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl.side) appearing for the respondent Police, on instructions, would submit that the injured 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), 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 No.III, Tirunelveli, 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 report before the respondent police daily at 10.30 a.m. for a period of four weeks, thereafter, as and when required for interrogation.
(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/- 20/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE THALAIYOOTHU POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.36785 MSA GJM/PM/PN/SAR-I-22.12.2017-3P-6C
ORDER
IN CRL OP(MD) No.17353 of 2017 Date :20/12/2017