Alagar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.20707 of 2018

1. ALAGAR

2. PALPANDI

3. MURUGAN

4. KALAIGNAR

5. RAJA ... PETITIONERS /ACCUSED NO.1 TO 5 Vs THE STATE THROUGH THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, CRIME NO.227/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.J.CHAKKARAVARTHY Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. 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 offences punishable under Sections 147, 294(b), 323, 324, 506(2) IPC r/w Section 4 of the TamilNadu Prohibition of harassment of Women Act, 2002, in Crime No.227 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

3.The case of the prosecution is that on 06.11.2018, the petitioners are said to have abused and attacked the defacto complainant and others with wooden leg.

4.It is submitted by the learned Government Advocate (Crl. Side) that injured has been discharged from the hospital. 6.Considering the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 7.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, Aruppukottai, Virudhunagar District, on condition that each of the petitioners shall execute 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 said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police at 10.30 a.m., for a period of two weeks and thereafter, as and when required.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/11/2018 / 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. DO THRO' THE CHIEF JUDICIAL MAGISTRATE,

3. THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION,

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.J.CHAKKARAVARTHY Advocate SR.No.21922

ORDER

IN CRL OP(MD) No.20707 of 2018 Date :22/11/2018 MK/PN/SAR 1/30.11.2018/3P/6C