Muruga Jothi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1780 of 2017 1 MURUGAJOTHI 2 KANDASAMY ... PETITIONERS / ACCUSED NO.1 AND 2 Vs STATE REP.BY THE INSPECTOR OF POLICE THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT, (CRIME NO. 48/17).
... RESPONDENT/ COMPLAINANT For Petitioner : S.J.CHAKKARAVARTHY Advocate For Respondent :MR.P.KANDASAMY, Govt. 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 Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 355, 506(i) of I.P.C., r/w. Section 4 of TNPWH Act in Crime No.48 of 2017 on the file of the respondent police and hence, seek anticipatory bail.
2. The learned Government Advocate (Crl.side) appearing for the respondent states that there are two accused in this case, who are the petitioners herein arrayed as A1 and A2 respectively. He further states that the injured has been discharged from the hospital.
3. The case of the prosecution is that there is a dispute in respect of taking water from the public tap. The accused herein said to have attacked the de-facto complainant with broom stick and stick respectively and caused injuries.
4. The learned counsel for the petitioners states that no such occurrence has happened and the petitioners are innocent and they have no bad antecedent.
5. Considering the above facts and circumstances of the case and also the fact that the injured has been 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 their arrest or https://hcservices.ecourts.gov.in/hcservices/
on their appearance before the learned Judicial Magistrate, Arupukottai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 20/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE,ARUPUKOTTAI.
2.DO-THROUGH CHIEF JUDICIAL MAGISTRAGE, VIRUDHUNAGAR AT SRIVILIPUTTUR.
3.THE INSPECTOR OF POLICE THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4.ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to S.J.CHAKKARAVARTHY Advocate SR.No.9236
ORDER
IN CRL OP(MD) No.1780 of 2017 Date :20/02/2017 MS/PM/SAR2/23.2.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/