Kalia Muthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.19766 of 2016 1 KALIA MUTHU 2 ANJALAI 3 MARI MUTHU 4 MURUGESAN ... PETITIONERS / ACCUSED A1 TO A4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI [CRIME NO.414 OF 2016] ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU, Advocate For Respondent : M/S.S.PRABHA, 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 offence punishable under Sections 294(b), 323 and 324 IPC in Crime No.414 of 2016 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute, the petitioners abused in filthy language, attacked and also threatened him with dire consequences.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that injured person has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also taking note of the fact that injured person has been discharged from the hospital, I am inclined to grant anticipatory bail to the https://hcservices.ecourts.gov.in/hcservices/

petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 15 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pudukkottai, on condition that 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 10.30 a.m. until further orders.

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 17/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PUDUKKOTTAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI. 3 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKKOTTAI.

+1. CC to M/S.B.JAMEEL ARASU, Advocate SR.No.70186. ORDER IN CRL OP(MD) No.19766 of 2016 Date :17/11/2016 msm/kp/ar2/24.11.16/p2/6c https://hcservices.ecourts.gov.in/hcservices/