S. Prasanth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4176 of 2017 S. PRASANTH ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE PALANI ADIVARAM POLICE STATION, DINDIGUL DISTRICT, CRIME NO.68/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.BETHANASAMY Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A-1, in Crime No.68 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 324 and 307 of I.P.C and hence, seeks anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the occurrence took place on 27.03.2017 and due to previous enmity between the defacto complainant and the second accused, the petitioner along with other accused attacked the defacto complainant with lethal weapons causing injuries.
4. The learned Government Advocate (Crl. Side) on instructions submitted that totally there are six accused in this case and the petitioner is arrayed as A-1 and the overt act against the petitioner is that he attacked the defacto complainant with knife. She further submitted that the injured was discharged from the hospital.
5. The learned counsel appearing for the petitioner submitted that A-3, A-4 and A-6 were arrested and released on bail by the Court below in Cr.M.P.No.832 of 2017. He further submitted that the petitioner is no way connected with the alleged crime. https://hcservices.ecourts.gov.in/hcservices/
6. Considering the facts and circumstances of the case and also considering the fact that though there is a specific overt act against the petitioner, the respondent police did not take any steps to arrest the petitioner, this Court is inclined to grant anticipatory bail to the petitioner to facilitate the investigation, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Palani, Dindigul District and on his 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 petitioner shall appear before the respondent police daily twice ie., at 10.30 a.m., and 5.30 p.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
7.The petitioner 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/- 18/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PALANI, DINDIGUL DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE PALANI ADIVARAM POLICE STATION, DINDIGUL DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.C.BETHANASAMY Advocate SR.No.20290 SM:PM-PN:SAR 3:20.4.2017:2P/6C
ORDER
IN CRL OP(MD) No.4176 of 2017 Date :18/04/2017 https://hcservices.ecourts.gov.in/hcservices/