G.Kamaraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23587 of 2016 1 G.KAMARAJ 2 P.SHANMUGANATHAN 3 N.BALASUBRAMANIAN 4 N.SHANMUGAM 5 N.KARTHIKEYAN ... PETITIONERS / A1 TO A5 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, KURANGANI POLICE STATION, THENI DISTRICT.

[CRIME NO.98 OF 2016] ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.MUTHU VIJAYA PANDIAN, Advocate For Respondent : MR.P.KANDASAMY, Government Advocate(Crl.Side) 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, in Crime No.98 of 2016 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 323, 294(b) and 506(ii) of I.P.C and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned Government Advocate (Crl. Side) on instructions submitted that totally there are five accused in this case, who are the petitioners herein and there is a civil dispute between the petitioners and the accused in this case. He also submitted that there is a case in counter in Cr.No.97 of 2016, on the basis of the complaint given by the first petitioner and the injured was https://hcservices.ecourts.gov.in/hcservices/ discharged from the hospital.

4.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and except 506(ii) I.P.C, the other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Bodinayakanur and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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

sd/- 03/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,BODINAYAKANUR, THENI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,THENI. 3 THE SUB INSPECTOR OF POLICE, KURANGANI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.P.MUTHU VIJAYA PANDIAN, Advocate SR.No.977. ORDER IN CRL OP(MD) No.23587 of 2016 Date :03/01/2017 msm-skn/sar2/06.01.17/p2/6c https://hcservices.ecourts.gov.in/hcservices/