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Madras High CourtCRL OP(MD)/7523/2018ordered

M.Kannan v. The Insepctor Of Police

2018-05-03Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7523 of 2018 1 M.KANNAN 2 G.GOPI 3 G.MUTHUPANDI 4 B.MUKKOORAN ... PETITIONERS/ ACCUSED NO.1,2,4 AND 7 Vs STATE REP.BY THE INSEPCTOR OF POLICE, MANDALAMANICKAM POLICE STATION, RAMNAD DISTRICT.

CRIME NO.28 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.P.PANDI Advocate For Respondent : M/S.M.ASOKAN, Government 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, 2, 4 and 7, in Crime No.28 of 2018 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 353 and 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 allegation against the petitioners is that on 17.04.2018, they attacked a staff, working in the Tamil Nadu Electricity Board with wooden log and caused head injury.

4.On the side of the petitioners, it is stated that the defacto complainant, in order to help a Private Company, used to cut the electricity service connection unauthorisedly and being aggrieved, the public questioned him and at that time, by way of defence, some of the public attacked him and wounded him and hence prayed that the petitioners may be released on anticipatory bail. https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Government Advocate (Crl. Side) submitted that the petitioners attacked a Government staff with wooden log and

caused head injury. He further submitted that the injured was already discharged from the hospital on 19.04.2018 itself. 6.Considering the facts of the case, the nature of the offence alleged to have been committed by the petitioners and also considering the fact that the injured was discharged from the hospital on 19.04.2018 itself, 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 arrest or on their appearance before the learned Judicial Magistrate, Ramanathapuram District 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 petitioners shall appear before the Judicial Magistrate, Ramanathapuram District once in a week i.e on the first working of every week at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 03/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSEPCTOR OF POLICE, MANDALAMANICKAM POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to M/S.P.PANDI Advocate SR.No.8139

ORDER

IN CRL OP(MD) No.7523 of 2018 Date :03/05/2018 MS/PN/ASVM/08.05.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/