CRL OP(MD)/18027/2017 of PITCHAI, 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.18027 of 2017

1 PITCHAI,

2 SARAVANAN,

3 SENTHIL,

4 VENKIDU @ VENKATESAN ... PETITIONERS/ACCUSED PERSONS No.1 to 4

Vs

STATE THROUGH

THE INSPECTOR OF POLICE, AVANIAPURAM POLICE STATION, MADURAI.

IN CRIME NO.2051 OF 2017. ... RESPONDENT/COMPLAINANT

For Petitioners : M/S.J.PRAVEEN Advocate For Respondent : MR.K.ANBARASAN,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 therespondent police for the alleged offence punishable under Sections294(b), 323 & 506(ii) IPC in Crime No.2051 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 pathwaydispute, the petitioners have attacked the de facto complainant withhand and caused injuries.

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 that theinjured has been discharged from the hospital and charge sheet hashttps://hcservices.ecourts.gov.in/hcservices/not been filed in this case.

6.Considering the facts and circumstances of the case andtaking note of the fact that injured has been 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 their appearance, within aperiod of fifteen days from the date of receipt of a copy of thisorder, before the learned Judicial Magistrate No.VI, Madurai oncondition that the petitioners shall execute a bond for a sum ofRs.10,000/- (Rupees ten thousand only) with two sureties each for alike sum to the satisfaction of the respondent police or the policeofficer who intends to arrest or to the satisfaction of the learnedMagistrate concerned 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 aforesaidconditions, the learned Magistrate/Trial Court is entitled to takeappropriate action against the petitioners in accordance with law asif the conditions have been imposed and the petitioners released onbail by the learned Magistrate/Trial Court himself as laid down bythe Hon'ble Supreme 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.

nbj/gnsTO

1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI

2 THE CHIEF JUDICIAL MAGISTRATE MADURAI MADURAI

3 THE INSPECTOR OF POLICE, AVANIAPURAM POLICE STATION, MADURAI. AVANIAPURAM POLICE STATION, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

+1. CC to M/S.J.PRAVEEN Advocate SR.No.37128