Rajapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22470 of 2016 1 RAJAPANDI 2 MURUGESAN 3 BOOPATHY @ MARUTHUPANDIYA BOOPATHY 4 THANAPAL ... PETITIONERS/ ACCUSED 1 TO 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT, CRIME NO.1034 OF 2016.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S.A.V.ARUN, Advocate For Respondent : M/S.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 offence punishable under Sections 448, 294(b), 323, 324 and 506(ii) IPC and Section 4 of TN Prohibition of Women Harassment Act in Crime No.1034 of 2016 on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that the de fact complainant borrowed loan from the petitioner. When the de facto complainant failed to repay the loan amount, the petitioners demanded the loan amount from the de facto complainant and attacked him with iron rod and thereby caused injury.

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 Government Advocate (Crl.side) submitted that as against the first petitioner, one previous case is pending and in respect of the other no case is pending. She further submitted that injured person has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also taking note of the fact that injured person has been discharged from the hospital and one previous case is pending against the 1st https://hcservices.ecourts.gov.in/hcservices/

petitioner, I am inclined to grant anticipatory bail to the petitioners 2 to 4. Accordingly, the petitioners 2 to 4 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, Melur, Madurai, on condition that the petitioners 2 to 4 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 2 to 4 shall report before the respondent Police daily at 10.30 a.m. until further orders. [b]the petitioners 2 to 4 shall not tamper with evidence or witness either during investigation or trial. [c]the petitioners 2 to 4 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 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 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).

6.As against the 1st petitioner, this Criminal Original Petition is dismissed.

sd/- 28/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, MELUR POLICE STATION,MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.V.ARUN, Advocate SR.No.73272. ORDER IN CRL OP(MD) No.22470 of 2016 msm/gsv-pm/sar3/07.12.16/p2/6c Date :28/11/2016 https://hcservices.ecourts.gov.in/hcservices/