Suyarajiyam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CRL OP(MD) No.8299 of 2016 1 SUYARAJIYAM 2 PANCHY @ PANCHAVARNAM 3 ANAND 4 SABARINATHANA ... PETITIONERS/ACCUSED No.1 to 4 Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMNAD DISTRICT, CRIME NO. 107 OF 2016. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.SEENI SULTHAN, ADVOCATE FOR RESPONDENT : MR.A.P.BALASUBRAMANI, GOVERNMENT 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 alleged offences punishable under Sections 294(b), 323, 506(i) of I.P.C., in Crime No.107 of 2016, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners had abused and attacked the de-facto complainant.
3. Mr.Seeni Sulthan, learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case and they have not committed any offence as alleged by the de-facto complainant and now they are having apprehension of arrest. Under the said circumstances, the petitioners are entitled to get anticipatory bail.
4. Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) submitted that the injured has been discharged from the hospital. He further submitted that the petitioners have no previous case.
5. Considering the facts and circumstances of the case; that the injured has already been discharged from the hospital and that the petitioners have no previous case, I am inclined to grant https://hcservices.ecourts.gov.in/hcservices/
anticipatory bail to the petitioners subject to conditions. Accordingly, the petitioners 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, Thiruvadanai, Ramnad District, on their 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 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 appear before the respondent police daily at 10.30 a.m. until further orders.
[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] the petitioners shall comply with the conditions stipulated under Section 438 of Cr.P.C., scrupulously.
[e] 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/- 25/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANAD DISTRICT.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMNAD DISTRICT.
3. THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMNAD DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.SEENI SULTHAN Advocate SR.No. 27129
ORDER
IN CRL OP(MD) No.8299 of 2016 Date :25/05/2016 https://hcservices.ecourts.gov.in/hcservices/ SRM/AKV TE/AN-MP/SAR-II : 27/05/2016 : 2P/6C