K. Sriram v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.720 of 2017 1 K.SRIRAM 2 KANNIMARY ALIAS RAJAMANI ... PETITIONERS /ACCUSED NO.1 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE NALATINPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT, (CRIME NO.10 OF 2017) ... RESPONDENT /COMPLAINANT For Petitioner : M/S.A.JAYARAMACHANDRAN Advocate For Respondent : MR.P.KANDASAMY,Govt. Advocate ( 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 Nos.1 & 2, in Crime No.
10 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 448, 294(b), 323 and 506(i) of IPC and Section 4 of TNPWH Act and hence, seek anticipatory bail. 2.The learned counsel appearing for the petitioners state that the petitioners are innocents persons and they have not committed any offence as alleged by the prosecution and they are no way connected with the alleged occurrence. It is further states that one Chinnappa Naicker passed away and the first petitioner dumped the cloths of Chinnappa Naicker near the shop of the defacto complainant. When, she questioned the same, the petitioners herein along with two others abused her in filthy language and trespassed into the shop and assaulted her and her husband.
Hence, the case was registered on the same day.
3.The learned Government Advocate(Crl. Side) appearing for the respondent states that totally there are 2 named accused, who are the petitioners herein as A1 & A2 and 2 unnamed accused. The petitioners along with other accused attacked the defacto complainant with hands. No one sustained injury in the alleged https://hcservices.ecourts.gov.in/hcservices/
occurrence. This is a case and case in counter and the counter case was registered on the basis of the complaint given by the second petitioner in Cr.No.11 of 2017.
4.Considering the facts and circumstances of the case and also considering the fact that no one sustained injury in the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kovilpatti and on each of them 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 first petitioner shall appear before the respondent police as and when required for interrogation and the second petitioner shall appear before the respondent police daily at 10.30 a.m.
, for a period of three weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 5.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/- 30/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI 2.DO THROUGH CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3.THE INSPECTOR OF POLICE NALATINPUTHUR POLICE STATION,THOOTHUKUDI DISTRICT, 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.JAYARAMACHANDRAN Advocate SR.No.4979 AM MAS/CM/MSA/1.02.2017/2P-6C
ORDER
IN CRL OP(MD) No.720 of 2017 Date :30/01/2017 https://hcservices.ecourts.gov.in/hcservices/