Madras High CourtCRL OP(MD)/8625/2017granted

Periyapandi v. The Inspector Of Police

2017-07-10Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.8625 of 2017 1 PERIYAPANDI 2 ESWARI 3 SATHYAPRIYA ... PETITIONERS / ACCUSED NO.2 to 4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT.

CRIME NO.205/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK 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 / A2 to A4, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506(ii) and 307 of IPC., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.205 of 2017, seek anticipatory bail.

2. The case of the prosecution is that all accused herein said to have blocked the pathway and when the defacto complainant's husband questioned the act of the accused, the first accused said to have attacked him with sword and caused injuries on his hands. The petitioners herein are said to have attacked him with wooden log on the hands of the parents and caused injuries.

3. The learned counsel appearing for the petitioners states that the petitioners have not committed any offence, as alleged by the respondent and they have never involved with any offences, as stated by the prosecution and they are innocent and they are no way connected with the alleged offence.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that there are totally 4 accused in this case and the petitioners herein are arrayed as A2 to A4 respectively. He would further submit that all accused herein said to have blocked the pathway and when the defacto complainant's https://hcservices.ecourts.gov.in/hcservices/

husband questioned the act of the accused, the first accused said to have attacked him with sword and caused injuries on his hands. The petitioners herein are said to have attacked him with wooden log on the hands of the parents of the husband of defacto complainant and caused injuries and the injured have been discharged from the hospital and the investigation is still pending. A1 is still in custody. There is a case in counter in Crime No.206 of 2017, on the basis of the complaint given by the first petitioner herein, in which the first petitioner injured.

5. Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital and there is a case in counter, on the basis of the complaint given by the first petitioner herein, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners shall execute each 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 the petitioners shall report before respondent Police daily at 10.30 a.m., until further orders, for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 10/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.26174 ORDER IN CRL OP(MD) No.8625 of 2017 Date :10/07/2017 MKV-PM-PN-SAR 1/11.7.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/