F.Doni v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.9723 of 2017 1 F.DONI 2 MACKSON @ MAXON BELLARMIN 3 AJITH @ SAHAYA ANTO AJITH VINIBERT 4 KEVIN @ SAHAYA AROCKIYA KEBIN SANTHIYAN DHURAI 5 DIREN @ DRIUNE DURAI ... PETITIONERS/ACCUSED 1 TO 5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO.335 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA 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 147, 148, 294(b), 323, 324 and 506(ii) IPC in Crime No.335 of 2017 on the file of the respondent Police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are fisherman and while loading and unloading fishes, a dispute arose between the petitioners and the de facto complainant and that the petitioners attacked with iron rod and woodenlog on the head and all over the body of the de facto complainant 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 Additional Public Prosecutor appearing for the respondent Police on instruction would submit that totally there are 5 accused, who are the petitioners herein. He also submitted that injured was discharged from the hospital and investigation is still pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also taking note of the fact that injured was discharged from the

hospital, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the 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 No.I, Nagercoil, 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/- 27/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,NAGERCOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.27505 NBJ CSL/RR-BS/SAR-I/01.08.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.9723 of 2017 Date :27/07/2017 https://hcservices.ecourts.gov.in/hcservices/