G. Palani Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18395 of 2016 1 G. PALANIKUMAR 2 G. BOOMINATHAN ... PETITIONERS / ACCUSED Nos.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO.268 OF 2016.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MALAIKANI, Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners / A1 and A2, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 323 & 506(ii) IPC in Crime No.268 of 2016 on the file of the respondent police. 2.The case of the prosecution is that the petitioners assaulted the de facto complainant and abused him with filthy language.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) based on instruction received by his Public Prosecutor Office from the Inspector of Police, submits that injured had not been discharged from the hospital. However, the instructions of the same officer from the respondent Police informs to the Government Advocate (Crl.side) before this Court that injured stands discharged from the hospital. 5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; https://hcservices.ecourts.gov.in/hcservices/

(a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Ilayangudi, within 15 days from the date of receipt of copy of the order, (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 him from disclosing such facts to the Court or to any Police Officer;

(iii) petitioners shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

6.Reading of the First Information Report informs that the case is communal overtone. Despite the same, case stands registered only for offence under Sections 294(b), 323 & 506(ii) IPC. Although a bare reading of the First Information Report informs that SC / ST provision is attracted. Therefore, a copy of this order shall be forwarded to the Deputy Superintendent of Police, Sivagangai District for appropriate action / instructions to his subordinates.

sd/- 29/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILLAYANGUDI, SIVAGANGAI DISTRICT.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE DEPUTY SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT. 4 THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT, 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MALAIKANI, Advocate SR.No.57045. ORDER IN CRL OP(MD) No.18395 of 2016 Date :29/09/2016 msm/sk-skn/02.11.16/p2/7c https://hcservices.ecourts.gov.in/hcservices/