Sivagurunathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.9396 of 2017 1 SIVAGURUNATHAN 2 BALAMURUGAN 3 POOLPANDI ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE INSPECTOR OF POLICE SEYDUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.144 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.K.MANICKAM 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.144 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 enjoying the poramboke land and when he tried to fence the said land, a dispute arose between the petitioners and the de facto complainant and due to which, the petitioners attacked him with stick and pushed down.

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 would submit on instruction that injured was treated as outpatient and investigation is still pending.

5.Considering the facts and circumstances of the case and also considering the nature of allegations leveled against the petitioners and injured was treated as outpatient, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

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, Srivaikundam, 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 daily at 10.30 a.m. for a period of 3 weeks. [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/- 24/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE SEYDUNGANALLUR POLICE STATION,THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.K.MANICKAM Advocate SR.No.27142 NBJ CSL/RR-BS/SAR-I/28.07.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.9396 of 2017 Date :24/07/2017 https://hcservices.ecourts.gov.in/hcservices/