Madras High CourtCRL OP(MD)/19730/2016ordered

Pandi Selvam v. The Inspector Of Police,

2016-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19730 of 2016 1 PANDI SELVAM 2 LALITHA 3 PERIYASAMY 4 KALIMUTHU, ... PETITIONERS / ACCUSED Nos.1to4 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO.296 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.BOOMIRAJAN Advocate For Respondent :Mr.A.P.BALASUBRAMANI, 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 A1 to A4, apprehend arrest at the hands of the respondent Police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) I.P.C. in Crime No.296 of 2016, on the file of the respondent Police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 05.10.2016, at about 21.00 hours, due to wordy altercation, the petitioners attacked the de facto complainant and his son.

3. It is submitted by the learned Government Advocate (Crl.Side) that this is a case and counter and the counter case has been registered in Crime No.295 of 2016, under Sections 294(b), 323, 324, 506(ii) I.P.C., and Section 3(i) of SC/ST Act and in both the cases, the injured persons have already been discharged from the Hospital and there is no previous case as against the petitioners.

4. Considering the submissions made by the learned Government Advocate (Crl.Side) and also considering the fact that the injured persons have already been discharged from the Hospital, this Court is inclined to grant anticipatory bail to the petitioners, with https://hcservices.ecourts.gov.in/hcservices/

certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned District Munsif-cum-Judicial Magistrate, Karaikudi, Sivagangai District, and on each of them executing 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 learned Magistrate concerned and on further condition that the 1st, 3rd and 4th petitioners shall appear before the respondent police, daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation and the 2nd petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 made ready, failing which, the petition for anticipatory bail would stand dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARAIKUDI, SIVAGANGAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.BOOMIRAJAN Advocate SR.No.60846 JAM/19.10.16/SS 2/SAR 3/2-6C

ORDER

IN CRL OP(MD) No.19730 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/