Madras High CourtCRL OP(MD)/20144/2016ordered

Ravindran v. The Sub Inspector Of Police,

2016-10-20Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.20144 of 2016 1 RAVINDRAN 2 SUDALAI 3 THIRUMANI ... PETITIONERS/ ACCUSED No.2 to 4 Vs THE STATE REP BY ITS, THE SUB INSPECTOR OF POLICE, KULASEKARAN PATTINAM POLICE STATION, TUTICORIN DISTRICT (CRIME NO.262 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.DURAI RAJ 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 :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 324 and 506(ii) IPC in Crime No.262 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that due to previous enmity, the petitioners are alleged to have attacked the defacto complainant and abused him in filthy language.

4.Learned counsel for the petitioners submitted that the petitioners are innocent of the offence alleged against them. 5.Learned Government Advocate (Crl. Side) submitted that the injured has sustained only simple injury.

6. Taking note of the facts and circumstances of the case, as the injured has sustained only simple injury, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt https://hcservices.ecourts.gov.in/hcservices/

of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, subject to the following conditions: (i) each of 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 Magistrate concerned;

(ii) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioners shall not abscond either during investigation or trial;

(v) on breach of any of the aforesaid conditions, the 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 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/- 20/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR 2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE SUB INSPECTOR OF POLICE, KULASEKARAN PATTINAM POLICE STATION, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.R.DURAI RAJ Advocate SR.No.62121

ORDER

IN CRL OP(MD) No.20144 of 2016 Date :20/10/2016 SMA/EM-MPA/SAR-I/26.10.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/