Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21434 of 2016 1 MURUGAN 2 KARUPPAYEE 3 PALANI 4 MARIAPPAN .. PETITIONERS/ACCUSED Nos.1 to 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE V.CHATHIRAMPATTI POLICE STATION, MADURAI DISTRICT.
CR.NO.27/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. J.MULLAIVENDHAN 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, 324 and 506(i) of I.P.C., in Crime No.27 of 2016 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners said to have attacked the de-facto complainant and criminally intimidated him.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.
4. The learned Government Advocate (Crl.side) submitted that this is the second anticipatory bail petition and the injured has been discharged from the hospital.
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5. Considering the facts and circumstances of the case and that
the injured has been discharged from the hospital, Court is 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 on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Peraiyur 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 1, 2 and 4 shall report before the respondent Police daily at 10.00 a.m.
until further orders and the third petitioner is directed to attend the college regularly, if not the anticipatory bail granted shall stand dismissed. [b] the respondent police is directed to obtain the copy of the monthly attendance report of the petitioner from the College and furnish the same to the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] 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/- 10/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE,PERAIYUR. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE,V.CHATHIRAMPATTI POLICE STATION, MADURAI DISTRICT.
COPY TO: THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. J.MULLAIVENDHAN Advocate SR.No.67658.
ORDER
IN CRL OP(MD) No.21434 of 2016 Date :10/11/2016 AM/SKN/SAR-I/18.11.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/