Muthulakshmi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.6372 of 2017 MUTHULAKSHMI, ... PETITIONER/UNNAMED ACCUSED Vs THE INSPECTOR OF POLICE, M.PUDUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
CR.NO.87/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SIVAPRAKASH 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 petitioner / accused, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 147, 148, 323, 324, 506(ii) of IPC., in Crime No.87 of 2017 on the file of the respondent Police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent Police. 3.The case of the prosecution is that due to wordy quarrel, the petitioner along with other accused attacked the defacto complainant with stone stick and iron rod and also threatened him with dire consequences.
4.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that co-accused were already got anticipatory bail in Crl.O.P.(MD).No.5572 of 2017.
5. 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.
https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by
the petitioner, 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 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Sivakasi, 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:
[a]the petitioner shall report before the respondent Police daily at 10.30 a.m. 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/- 24/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PJL TO 1 THE JUDICIAL MAGISTRATE,SIVAKASI 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE, M.PUDUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
GJM/KK/SAR-I-30.5.17-2P-5C
ORDER
IN CRL OP(MD) No.6372 of 2017 Date :24/05/2017 https://hcservices.ecourts.gov.in/hcservices/