P.Duraipandian, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3739 of 2017 1 P.DURAIPANDIAN, 2 D.JOTHI RANGANAYAKI, 3 MURUGAN, 4 KUMARESAN, 5 P.THANGAM, 6 G.DURAIPANDIAN, ... PETITIONERS / ACCUSED NO:1 TO 6 Vs STATE THROUGH BY THE INSPECTOR OF POLICE, PARTHIBANUR POLICE STATION RAMANATHAPURAM DISTRICT.
IN CRIME NO.91 OF 2017.
... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.SUSI KUMAR Advocate For Respondent : M/S.S.PRABHA, Government Advocate(Criminal Side), PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 to A-6, in Crime No.91 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 324, 506(ii) of I.P.C and hence, seek anticipatory bail.
2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate(Crl. Side) on instructions submitted that due to some pathway dispute, the petitioners are said to have attacked the defacto complainant causing injuries and abused him in filthy language. She further submitted that the injured was not discharged from the hospital. She has also submitted that the first petitioner is the husband, the second petitioner is the wife and the others petitioners are labourers of the first petitioner and the first petitioner is having eight previous cases.
4. Considering the bad antecedent of the first petitioner and also considering the fact that the injured was not yet discharged from the hospital, this Court is not inclined to grant anticipatory bail to the first petitioner. Hence, this Criminal Original Petition is dismissed in respect of the first petitioner herein. https://hcservices.ecourts.gov.in/hcservices/
5. In respect of petitioners 2 to 6, considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners 2 to 6 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Paramakudi and on each of them executing 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 learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police as and when required for interrogation and the petitioners 3 to 6 shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m., until further orders.
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 made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 28/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE PARAMKUDI 2 DO THROUH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, PARTHIBANUR POLICE STATION RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S.C.SUSI KUMAR Advocate SR.No.18565 SVA/BS/04.04.2017/SAR3/2p/6c
ORDER
IN CRL OP(MD) No.3739 of 2017 Date :28/03/2017 https://hcservices.ecourts.gov.in/hcservices/