Madras High CourtCRL OP(MD)/6544/2017ordered

B.Ilayaraja, v. The Inspector Of Police,

2017-06-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6544 of 2017 1 B.ILAYARAJA 2 T.MAHARAJA 3 S.MANO NITHYANATHAN 4 K.PRAVEEN 5 K.MUTHURAKKU 6 S.MANIMEGALAI ... PETITIONERS/ACCUSED NO.2 TO 4, 6,7 & 9 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI, CRIME NO.429/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.PANDI MAHARAJA Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor,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 in Crime No.429 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 324, 506(ii) and 307 of I.P.C. and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely roped in the said case. He further submits that there is a case and case in counter in crime No.430 of 2017, which was given against the defacto complainant in this case and hence, he prayed for anticipatory bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl. Side) on instructions

submitted that the investigation is going on and the injured has been discharged from the hospital, however, there is tension prevailing in the village and if the petitioners are released on bail, they may hamper the investigation and tamper the witnesses and if the Court grants anticipatory bail to the petitioner, some stringent conditions may be imposed.

5.Considering the facts and circumstances of the case, the petitioners ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Sivagangai and on their 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 petitioners shall appear before the Manamadurai police station 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 05/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,SIVAGANGAI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

4 THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, MANAMADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.PANDI MAHARAJA Advocate SR.No.23113 ARUL CSL/PM-PN/SAR-II/06.06.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.6544 of 2017 Date :05/06/2017 https://hcservices.ecourts.gov.in/hcservices/