J.Thiraviyam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8422 of 2017 1 J.THIRAVIYAM 2 A.ANANTHI 3 J.ACHARIA ALANGARAM 4 J.ROJALI ... PETITIONERS/ACCUSED NOS.1 TO 4 Vs STATE REP.BY, THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT CRIME NO. 124/2017 ... RESPONDENT/COMPLAINANT For Petitioners : M/S. K.R. BHARATHIKANNAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / A1 to A4, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 323 and 506(i) IPC and Section 4 of TNPWH Act in Crime No.124 of 2017 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners and the de facto complainant are neighbours and due to a dispute with regard to drainage water, the petitioners 1 and 2 attacked the de facto complainant and caused injuries and the petitioners 3 and 4 abused her in filthy language.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that totally there are 4 accused, who are the petitioners herein. He also submitted that injured was discharged from the hospital and investigation is still pending.

5.Considering the facts and circumstances of the case and also taking note of the fact that injured was 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 15 days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Devakottai, Sivagangai 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 1, 2 and 3 shall report before the respondent Police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required and the 4th petitioner shall report before the respondent Police as and when required. [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/- 05/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,DEVAKOTTAI, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S. K.R. BHARATHIKANNAN Advocate SR.No.25927 CSL/PM-PN/SAR-III/06.07.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.8422 of 2017 Date :05/07/2017