Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.AUTHINATHAN CRL OP(MD) No.5697 of 2017 1 VIJAYAKUMAR 2 ASHOK ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KURUVIKULAM POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 67 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : MR.K.ANBARASAN, Govt. 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 alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.67 of 2017 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioners attacked the defacto complainant by using hands and also abused him in filthy language.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit that the injured has been discharged from the hospital and the investigation of the case is pending.

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5. Having regard to the fact that the antecedent of the petitioners is not reported to be bad and that the injured has been

discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarankoil, on condition that each of the petitioners 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: [a] the petitioners shall report before the respondent police daily at 10.00 am for a period of two weeks and thereafter, as and when required for interrogation.

[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 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/- 04/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SANKARANKOIL, TIRUNELVELI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE KURUVIKULAM POLICE STATION,TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.21902 TRP/VSA CSL/BS/SAR-IV/09.05.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.5697 of 2017 Date :04/05/2017 https://hcservices.ecourts.gov.in/hcservices/