Vijayalakshmi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21093 of 2016 1 VIJAYALAKSHMI 2 GURUSAMAY 3 KARTHICK ... PETITIONERS/ACCUSED 1,3&4 Vs STATE THROUGH THE INSPECTOR OF POLICE NALLTINPUTHUR POLICE STATION, KOVILPATTI TALUK, TUTICORIN DISTRICT CRIME NO.259/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SIVA ILAYARAJA Advocate For Respondent : MRS.S.PRABHA, 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(i) of I.P.C., in Crime No.259 of 2016 on the file of the respondent police, seek anticipatory bail.
2. It is submitted by the learned counsel for the petitioners that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioners.
3. The case of the prosecution is that on 30.10.2016, the petitioners along with the other accused attacked the de-facto complainant with wooden log and caused injuries to him.
4. The learned Government Advocate (Crl.side) submitted that this is a case of case in counter and the injured has been discharged from the hospital.
5. Considering the facts and circumstances of the case and that the injured 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 their 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 No.I, Kovilpatti on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 10.00 a.m. 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 07/11/2016 / 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 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE NALLTINPUTHUR POLICE STATION, KOVILPATTI TALUK, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.SIVA ILAYARAJA Advocate SR.No.66263 AKV CSL/PV/SAR-I/14.11.2016: 2P/6C
ORDER
IN CRL OP(MD) No.21093 of 2016 Date :07/11/2016 https://hcservices.ecourts.gov.in/hcservices/