Malaikani, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18058 of 2017 1 MALAIKANI 2 ESAKIRAJ 3 DURAI RAJ ... PETITIONERS/ ACCUSED NO.1 TO 3 Vs 1 STATE REP.BY THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT.

IN CRIME NO.490 OF 2017.

... RESPONDENT/ COMPLAINANT 2 MARUDHUPANDI ...2nd RESPONDENT/ DEFACTO COMPLAINANT For Petitioners: M/S.L.BHAGATHSINGH Advocate For Respondent : M/S.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 alleged offence punishable under Sections 294(b), 323 and 506(ii) IPC in Crime No.490 of 2017 on the file of the respondent police, seek anticipatory bail. 2.Heard the learned counsel on either side.

3.The case of the prosecution is that due to some previous enmity, the petitioners attacked the de facto complainant, abused in filthy language and also threatened him with dire consequences. 4.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and prays for anticipatory bail in favour of the petitioners.

5.The learned Government Advocate (Crl.side) submitted that injured was discharged from the hospital and investigation is pending in this case.

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6.Considering the facts and circumstances of the case and taking note of the fact that injured was discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are 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, Rajapalayam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent Police daily at 10:30 am until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 28/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.18058 of 2017 Date :28/12/2017 MS/CM-VR/SAR.1/02.01.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/