Vellaisamy v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18420 of 2016 1 VELLAISAMY 2 CHINNASAMY 3 AYYAKANNU 4 THIRUPPATHI 5 ESWARAN 6 KARUPPUSAMY 7 MARUTHUPANDI 8 SELVI ... PETITIONERS/ACCUSED Nos.1,3,4,6,7,8,9 & 11 Vs STATE THROUGH THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI DISTRICT.

CR.NO.384 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONERS : M/S.S.MALAIKANI, ADVOCATE FOR RESPONDENT : Mr.K.V.RAJARAJAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC in Crime No.384 of 2016 on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel on either side.

3.The case of the prosecution is that the petitioner and his relatives criminally intimidated, threatened, abused and assaulted the defacto complainant.

4.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Government Advocate (Crl.side) submitted that it

is a case of case and counter and injured had already been discharged from hospital.

6.Considering the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Madurai,on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

S.VAIDYANATHAN,J.

CM [a] the petitioner shall report before concerned jurisdictional court daily at 10:30 am on all working days until further orders. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 18/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.S.MALAIKANI Advocate SR.No. 61034 ORDER IN CRL OP(MD) No.18420 of 2016 CM Date :18/10/2016 TE/SS-2/SAR-I : 26/10/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/