Ilayaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.19032 of 2016 1 ILLAYARAJA 2 PALANIVEL 3 PALANICHAMY 4 SUBHARANI 5 PONNATHAL 6 DURGA DEVI 7 SEKAR 8 RAJU 9 BALAN 10 SIVAKUMAR ... PETITIONERS/ACCUSED NO.1,13 to 19,21,22 Vs STATE REP BY THE INSPECTOR OF POLICE AMBILIGAI POLICE STATION, DINDIGUL DISTRICT, CRIME NO. 164OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.MAHENDRAN Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 147, 148, 294(b), 323, 336, 506(ii) IPC r/w Section 3(1) TNPPDL Act in Crime No.164 of 2016 on the file of the respondent police.

2.The case of the prosecution is that due to wordy quarrel, the petitioner attacked the de facto complainant. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side).

4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

https://hcservices.ecourts.gov.in/hcservices/ 5.Learned Government Advocate (Crl. Side) submits that it is a

case of case in counter and the injured person has already been discharged from the hospital.

6.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a)In the event of arrest by or on appearance before the respondent police;

(b)In the event of appearance before the learned Judicial Magistrate, Oddanchatram, within 15 days from the date of receipt of copy of the order, (i)petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii)petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)petitioners 1 to 3, 7 to 10 shall report before the concerned Court daily at 10.30 a.m. until further orders. (iv)petitioners 4 to 6 shall report before the concerned Court on every Monday at 10.30 a.m. until further orders. sd/- 03/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM 2 THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT 3 THE INSPECTOR OF POLICE AMBILIGAI POLICE STATION, DINDIGUL DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.MAHENDRAN Advocate SR.No.58485

ORDER

IN CRL OP(MD) No.19032 of 2016 Date :03/10/2016 SMA/SS-3/SAR-I/06/10/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/