CRL OP(MD)/18058/2017 of MALAIKANI, Vs THE INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18058 of 2017

1 MALAIKANI

2 ESAKIRAJ

3 DURAI RAJ ... PETITIONERS/ ACCUSED NO.1 TO 3

Vs

1 STATE REP.BY THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT. IN CRIME NO.490 OF 2017.... RESPONDENT/ COMPLAINANT

2 MARUDHUPANDI ...2[nd] RESPONDENT/ DEFACTO COMPLAINANT

For Petitioners: M/S.L.BHAGATHSINGH Advocate For Respondent : M/S.K.ANBARASAN, 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 therespondent police for the alleged offence punishable under Sections294(b), 323 and 506(ii) IPC in Crime No.490 of 2017 on the file ofthe respondent police, seek anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that due to some previousenmity, the petitioners attacked the de facto complainant, abused infilthy language and also threatened him with dire consequences. 4.It is submitted by the learned counsel for the petitionersthat the petitioners are innocent persons and they have notcommitted any offence and prays for anticipatory bail in favour ofthe petitioners.

5.The learned Government Advocate (Crl.side) submitted thatinjured was discharged from the hospital and investigation ishttps://hcservices.ecourts.gov.in/hcservices/pending in this case.

6.Considering the facts and circumstances of the case andtaking note of the fact that injured was discharged from thehospital, I am inclined to grant anticipatory bail to thepetitioners. Accordingly, the petitioners are ordered to be releasedon bail in the event of arrest or on his appearance, within a periodof fifteen days from the date of receipt of a copy of this order,before the learned Judicial Magistrate, Rajapalayam, on conditionthat the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for a like sum tothe satisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the learned Magistrateconcerned and on further condition that:

[a] the petitioners shall report before the respondent Policedaily at 10:30 am until further orders.

[b] the petitioners shall not tamper with evidence or witnesseither during investigation or trial.

[c] the petitioners shall not abscond either duringinvestigation or trial.

[d] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRDHUNAGAR DISTRICT AT SRIVILIPUTTUR. VIRDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE,

THALAVAIPURAM POLICE STATION, RAJAPALAYAM TALUK, VIRUDHUNAGAR DISTRICT.

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