CRL OP(MD)/18028/2017 of M.MURUGESAN, 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 Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18028 of 2017

1 M.MURUGESAN

2 M.CHITHIRA DEVI... PETITIONERS/ACCUSED Nos.1&2

Vs

THE STATE REP. BYTHE INSPECTOR OF POLICE, PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

(IN CRIME NO.279 OF 2017)... RESPONDENT/COMPLAINANT

For Petitioner : Mr.S.MALAIKANI Advocate For Respondent : Mr.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), 324, 427 and 506(ii) IPC in Crime No.279 of 2017 on the fileof the respondent police, seek anticipatory bail.

2. Heard the learned counsel on either side.

3. The case of the prosecution is that due to some civil disputewith regard to fencing the property, the petitioners attacked the defacto complainant and also threatened 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 ispending in this case.

https://hcservices.ecourts.gov.in/hcservices/

6. Considering the facts and circumstances of the case andtaking note of the fact that injured was discharged from the hospital, 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 their appearance, within aperiod of fifteen days from the date of receipt of a copy of thisorder, before the learned Judicial Magistrate, Pattukkottai,Thanjavur District, on condition that the petitioners shall executea bond for a sum of Rs.10,000/- (Rupees ten thousand only) with twosureties each for a like sum to the satisfaction of the respondentpolice or the police officer who intends to arrest or to thesatisfaction of the learned Magistrate concerned and on furthercondition 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

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATEPATTUKKOTTAI, THANJAVUR DISTRICTPATTUKKOTTAI, THANJAVUR DISTRICT

2 -do- thro' THE CHIEF JUDICIAL MAGISTRATETHANJAVUR DISTRICTTHANJAVUR DISTRICT

3 THE INSPECTOR OF POLICE,PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.S.MALAIKANI Advocate SR.No.37092

ORDER IN

CRL OP(MD) No.18028 of 2017

Date :28/12/2017

SH/RR/SAR-3:02.01.2018:2p/6c