Manoj v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14645 of 2018 1.MANOJ 2.SIVA@SIVAKUMAR 3.MANIKANDAN 4.VEERAMANI ... PETITIONER / ACCUSED No 1 to 4 Vs THE STATE REPRESENTED BY 1.THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVAIYARU, THANJAVUR DISTRICT.

2.THE INSPECTOR OF POLICE SENGIPATTI POLICE STATION, THANJAVUR DISTRICT.

Crime No.119 of 2018 ...RESPONDENTS 1& 2/COMPLAINANT 3.M.VEERAKANAL ... 3RD RESPONDENT /DEFACTO COMPLAINANT For Petitioners : Mr.PR BOOMEE RAJAN Advocate For Respondents : Mr.V.NEELAKANDAN Additional Public Prosecutor for R1 AND R2 PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) I.P.C r/w Section 3(1)(r)(s), 3(2)(Va) of SC/ST Act POA (Amendment) Act, in Crime No.119 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 27.07.2018 at about 22.00 hours, the defacto complainant went to coolie work and therefore, he was standing at bus stand. At that time, the petitioners all are used filthy language and also used caste name and abused the defacto complainant. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case.

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4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital.

5.Considering the fact that the injured has been discharged from the hospital and except SC/ST Act, other offences are not serious in nature, this Court, by following the judgment of the Apex Court reported in (2018) 6 Supreme Court Cases 454-Subash Kashinath Mahajan V.State of Maharashtra, in 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 I Additional District and Sessions Judge (PCR Court), Thanjavur and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judge concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.

m until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Judge within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE I ADDITIONAL DISTRICT AND SESSIONOS COURT(PCR COURT) THANJAVUR.

2.THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVAIYARU, THANJAVUR DISTRICT.

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

+1. CC to Mr.PR BOOMEE RAJAN Advocate SR.No.15832

ORDER

IN CRL OP(MD) No.14645 of 2018 Date :20/08/2018 TK/PN/SAR.1/24.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/