C.Suthakaran v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.19968 of 2016 1 C.SUTHAKARAN 2 S.CHANDARAKALA 3 C.AMSAMMAL 4 S.JEYALAKSHMI 5 C.SUBBIRAMANI 6 R.DHEIVAM 7 K.SIVANAKARANAN 8 S.PRAKASAM 9 P.KANITHA 10 P.VILVIJAYAN, 11 V.KANAKAVALLI 12 V.SELVARAJ ...PETITIONERS/ACCUSED Nos.1 to 12 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE, UTHAPPANAICKANUR POLICE STATION, USILAMPATTI TALUK, MADURAI DISTRICT (CRIME NO.201 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.DILIP KUMAR Advocate For Respondent : M/S.K.V.RAJARAJAN,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 offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC in Crime No.201 of 2016 on the file of the respondent police, seek anticipatory bail. 2.Heard the learned counsel on either side.

3.The case of the prosecution is that due to previous enmity, the petitioners attacked the de facto complainant with weapons and sticks and also threatened him with dire consequences. 4.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and prays for anticipatory bail in favour of the petitioners.

5.The learned Government Advocate (Crl.side) submitted that injured person has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the facts and circumstances of the case and also considering the fact that the injured person 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Usilampatti, 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 1 and 12 shall report before the respondent Police daily at 10:30 am until further orders and the petitioners 2 to 11 shall report before the respondent Police in all Sundays for a period of one month.

[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/- 19/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE, UTHAPPANAICKANUR POLICE STATION, USILAMPATTI TALUK, MADURAI DISTRICT +1. CC to M/S.N.DILIP KUMAR Advocate SR.No.61553 RL/6C/2P/KM/SARI/20.10.2016

ORDER

IN CRL OP(MD) No.19968 of 2016 Date :19/10/2016 https://hcservices.ecourts.gov.in/hcservices/