Nathiya, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8596 of 2017 1 NATHIYA 2 GOVINDAMMAL ... PETITIONERS / ACCUSED NO.3 & 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.
(CR.NO.137/2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.K.ABIYA 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, who apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 294 (b), 323 and 506(ii) IPC in Crime No.137 of 2017 on the file of the respondent Police, seek anticipatory bail.
2.The case of the prosecution is that the de facto complainant is the brother-in-law of the first petitioner and due to property dispute, the petitioners along with other accused have attacked the de facto complainant and his son. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that it is a case of case in counter and the counter case in Crime No.138 of 2017 is given by the 1st petitioner.
4. The learned Additional Public Prosecutor would submit on instruction that totally there are 4 accused and the petitioners are arrayed as A3 and A4 in this case. He further submitted that injured person was discharged from the hospital and investigation is pending.
5.Considering the facts and circumstances of the case and also considering the fact that injured person was discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be https://hcservices.ecourts.gov.in/hcservices/
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, Paramakudi, 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 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/- 07/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.
2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.ABIYA Advocate SR.No.26051
ORDER
IN CRL OP(MD) No.8596 of 2017 Date :07/07/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 2/18.7.2017/2P-6C