Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17779 of 2016 1 MANIKANDAN 2 KARTHICK ALIAS PULI KARTHICK ...PETITIONERS/ACCUSED NOS.1 AND 2 Vs STATE THROUGH THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI, (CRIME NO.636 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.RAJAMOHAN Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners/accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 324 and 506(ii) of IPC in Crime No.636 of 2016 on the file of the respondent police.

2.The case of the prosecution is that due to previous enmity, the accused persons are said to have indulged in quarrel with the defacto complainant and attacked him with knife and caused simple injury.

3.Learned Government Advocate (Crl. Side) would submit that the injured has been discharged from the hospital. He would further submit that the petitioners are having no previous case.

4. Learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case.

5. On consideration of the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly;

(a) In the event of arrest by or on appearance before the Judicial Magistrate, No.IV, Madurai, within 15 days from the date of receipt of copy of the order, https://hcservices.ecourts.gov.in/hcservices/

(i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners shall appear before the Jurisdictional Court daily at 10.30 a.m until further orders.

sd/- 05/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.IV MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE KEERAITHURAI POLICE STATION, MADURAI, +1. CC to M/S.R.RAJAMOHAN Advocate SR.No.59235 RL/6C/2P/SK/SKN/SARII/18.10.2016

ORDER

IN CRL OP(MD) No.17779 of 2016 Date :05/10/2016 https://hcservices.ecourts.gov.in/hcservices/