Mayalagu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.8206 of 2016 1 MAYALAGU 2 ANGUSAMY 3 MARIMUTHU 4 KUMARESAN 5 MUTHUSAMY ... PETITIONERS/ACCUSED NO. 1TO5 Vs STATE REB.BY THE INSPECTOR OF POLICE VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO. 37 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.J.CHAKKARAVARTHY 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 apprehended arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 323, 506(i) and 379 of I.P.C., in Crime No.37 of 2016, on the file of the respondent Police, seek anticipatory bail.

2. Heard Mr.B.Muneeswaran, learned counsel appearing for the petitioners / accused 1 to 5 and Mrs.S.Prabha, learned Government Advocate (Criminal Side) appearing for the State.

3. It is represented that the injured has been discharged from the hospital

4. Taking into consideration the gravity of offence, this petition against the first petitioner/Accused No.1 is dismissed. However, considering the fact that the injured has been discharged from the hospital, this Court is of the view that this is a fit case to grant anticipatory bail to the

petitioners 2 to 5 / accused 2 to 5. Accordingly, the petitioners 2 to 5 / accused 2 to 5 are ordered to be 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, Aruppukottai, Virudhunagar District, on condition that each of the petitioners 2 to 5 / accused 2 to 5 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 2 to 5 / accused 2 to 5 shall report before the respondent Police daily at 10.30 a.m., until further orders.

(ii)the petitioners 2 to 5 / accused 2 to 5 shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioners 2 to 5 / accused 2 to 5 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 2 to 5 / accused 2 to 5 in accordance with law as if the conditions have been imposed and the petitioners 2 to 5 / accused 2 to 5 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].

5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.

sd/- 19/05/2016 / TRUE COPY/ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR. 3 THE INSPECTOR OF POLICE VEERACHOLAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.J.CHAKKARAVARTHY Advocate SR.No.26565

ORDER

IN CRL OP(MD) No.8206 of 2016 Date:19/05/2016 SDR/NGM-SS/SAR I/23.05.2016/3P/6C