Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.9055 of 2017 1 MOHAN 2 KALEESWARAN 3 MAREESWARAN 4 MURUGAN 5 SETHU ... PETITIONERS / ACCUSED NO.1 to 5 Vs THE STATE OF TAMIL NADU REP.BY ITS INSPECTOR OF POLICE KAMUTHI POLICE STATION, RAMNATHAPURAM DISTRICT.

CR NO. 270/2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.BABU JAGANATH 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 are arrayed as Accused Nos.1 to 5, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 323 and 506(i) I.P.C., in Crime No.270 of 2017 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to clash between two groups, the petitioners are said to have assaulted the defacto complainant and threatened 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 Additional Public Prosecutor submitted that this is a case and case in counter and investigation is pending. 5.Considering the facts and circumstances of the case and also considering the fact that this is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, they 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 fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District on condition that each of 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

(ii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioners shall not abscond either during investigation or trial.

(iv) 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/- 17/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMANATHAPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMNATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.BABU JAGANATH Advocate SR.No.26677

ORDER

IN CRL OP(MD) No.9055 of 2017 Date :17/07/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 2/20.7.2017/2P-6C