Saravanan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17700 of 2017 SARAVANAN ... PETITIONER/1ST ACCUSED Vs THE STATE REPRESENTED BY ITS, THE INSPECTOR OF POLICE, SEIDHUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT, CR.NO.229/2017. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.R.DURAIRAJ 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 petitioner herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147,148, 341, 294(b), 324, 307 & 506(ii) I.P.C., in Crime No.229 of 2017 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner/A2 herein and the defacto complainant are belonged to the same locality. They have previous enmity for celebrating the kodai festival, thereby, the petitioner/A2 and other accused persons attacked the defacto complainant and sustained injuries. Hence, the defacto complainant lodged a complaint against the petitioner/A2 and other accused persons.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that the injured discharged from the hospital and one previous case is pending against him.

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 discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Srivaikundam, 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 petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not abscond either during investigation or trial.

(iv) the petitioner shall not commit any offence while on 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/- 21/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM 2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT

3 THE INSPECTOR OF POLICE, SEIDHUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.S.R.DURAIRAJ Advocate SR.No.36782 GJM/CM/SAR-3-27.12.2017-3P-6C

ORDER

IN CRL OP(MD) No.17700 of 2017 Date :21/12/2017