Raja S/O Murugan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ CRL OP(MD) No.20760 of 2016 1 RAJA 2 ESAKKI MUTHU 3 PARTHIBAN 4 KUMAR ... PETITIONER/ACCUSED NO.1 TO 4 Vs STATE REP.BY , THE INSPECTOR OF POLICE, ALWAR THIRUNAGARI POLICE STATION, ALWAR THIRUNAGARI, TIRUCHENDUR TALUK, TUTICORIN DISTRICT CRIME NO. 192 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.INDRACHITHU 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 :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) IPC in Crime No.

192 of 2016 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to wordy quarrel, the petitioners attacked the de facto complainant and abused him in filthy language and also threatened him with dire consequences. 3.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.

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, 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 https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Srivaikundam, Tuticorin District, 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 am 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/- 01/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, TUTICORIN DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE, ALWAR THIRUNAGARI POLICE STATION, ALWAR THIRUNAGARI, TIRUCHENDUR TALUK, TUTICORIN DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.INDRACHITHU Advocate SR.No.64376 NBJ CSL/CK/SAR-I/07.11.2016: 2P/6C

ORDER

IN CRL OP(MD) No.20760 of 2016 Date :01/11/2016 https://hcservices.ecourts.gov.in/hcservices/