Mathavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7623 of 2018 1 MATHAVAN 2 ÁRUN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE THROUGH, THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DISTRICT.

IN CRIME NO.66 OF 2018 ... RESPONDENT For Petitioners : M/S.L.M.VIJAI BOOMINATHAN, Advocate For Respondent : M/S.K.SUYAMBULINGA BHARATHI, 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 offence punishable under Sections 147, 148, 294(b), 323, 324, 506(i) of IPC and Section 4 of TNPWH Act in Crime No.66 of 2018 on the file of the respondent Police, seeks anticipatory bail.

2.The learned counsel for the petitioners submitted that this is a case in counter and the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. 3.The learned Government Advocate [Criminal side] appearing for the respondent Police on instruction would submit that the alleged occurrence took place on 29.04.2018 and the injured has been discharged from the hospital and the investigation is still pending. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case and also taking note of the fact that the injured has been discharged from

the hospital, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Karaikudi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or the police officer who intend 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 a.m. 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/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, KALLAL POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ALAGUMANI, Advocate SR.No.8364

ORDER

IN CRL OP(MD) No.7623 of 2018 Date :09/05/2018 PK/PN/ASVM/11.05.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/