Rajesh, v. The State Rep.By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.2339 of 2017 1 RAJESH 2 ARUMUGA RAJ ... PETITIONERS/ ACCUSED NO.3 & 4 Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE, AALWAR THIRU NAGARI POLICE STATION, TUTICORIN DISTRICT.
(CRIME NO.24 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.PERUMAL PRABHU 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 apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 294(b), 323 and 506(ii) IPC in Crime No.24 of 2017, seek anticipatory bail.
2.The case of the prosecution is that while playing cricket, a dispute arose between the petitioners and the de facto complainant and due to which, the petitioners attacked the de facto complainant with hands and legs and caused simple injuries. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence, as alleged by the prosecution and they have been falsely implicated in this case. He also submitted that the 1st petitioner is studying M.Sc.degree in Manonmaniyam Sundharanar University, Tirunelveli and the 2nd petitioner is studying B.Sc. in Sivanthi Adhithanar Arts and Science College, Tiruchendur and in order to spoil their career, the present complaint has been foisted against the petitioners and therefore, he prays for anticipatory bail in favour of the petitioners.
4. The learned Government Advocate (Crl.side) submitted that totally there are four accused in this case and the petitioners are arrayed as A3 & A4 respectively. He further submitted that injured was discharged from the hospital and investigation is pending. https://hcservices.ecourts.gov.in/hcservices/
5. Considering the above facts and circumstances of the case and also considering the fact injured was discharged from the hospital, I am 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, before the learned Judicial Magistrate, Srivaikundam, on condition that each 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 the petitioners shall report before the respondent police as and when required since they are college students. 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/- 03/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.
2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN. 3.THE INSPECTOR OF POLICE, AALWAR THIRU NAGARI POLICE STATION,TUTICORIN DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.12484
ORDER
IN CRL OP(MD) No.2339 of 2017 Date :03/03/2017 MS/CM-MSA/SAR3/6.3.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/