Abinesh, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.557 of 2017 1 ABINESH 2 MUTHUPANDI 3 LENIN 4 TULASIRAMAN 5 BALAMURUGAN 6 SHANMUGAPANDI 7 SARATHKUMAR 8 MUTHUKRISHNAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY , THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.
CRIME NO.587/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MALAIKANI Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 294(b), 448, 323, 307 and 379 (NP) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act and Section 3 of TNPPDL Act in Crime No.587 of 2016 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that the petitioners said to have attacked the de-facto complainant with stick and iron rod and caused damages to the household articles worth about Rs.3,000/-.
3. The learned Government Advocate (Crl.side) states that there are 8 named accused and others in this case and the name of the petitioners herein are not found in the F.I.R. and the petitioners are implicated as accused in this case on the basis of the confession statement given by A9 Rajamani. A1 to A3, A5 to A8 were granted anticipatory bail by this Court. A4 to A9, A10 and A11 were https://hcservices.ecourts.gov.in/hcservices/
granted bail by this Court as per order in CrlO.P.(MD).No.24131 of 2016 dated 04.01.2017. He further states that the injured has been discharged from the hospital.
4. The learned counsel for the petitioners states that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.
5. Considering the above facts and circumstances of the case and also the fact that the injured has been discharged from the hospital and causing damage to the household articles worth about Rs.3,000/-, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Manamadurai and on their executing 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 learned Magistrate concerned and the petitioners shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Crime No.587 of 2016 before the learned Judicial Magistrate, Manamadurai and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 31/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,MANAMADURAI.
2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.MALAIKANI Advocate SR.No.5078
ORDER
IN CRL OP(MD) No.557 of 2017 Date :31/01/2017 AKV CSL/MR/VB/SAR-III/02.02.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/