CRL OP(MD)/18068/2017 of K. SOUNDARRAJAN 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.18068 of 2017

1 K.SOUNDARRAJAN

2 DR.KANMANI JOAN OF ARCH

3 SUNDARAMOORTHY @ SUNDARASAMY ... PETITIONERS / ACCUSED NO.1,2 & 3

Vs

STATE REP.BYTHE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY CITY. CRIME NO.698/2017... RESPONDENT/ DEFACTO COMPLAINANT

For Petitioners: M/S.A.HAJA MOHIDEEN 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 Sections147, 148, 294(b), 341, 324, 365 and 506(ii) IPC in Crime No.698 of2017 on the file of the respondent police, seek anticipatory bail.

2.Heard the learned counsel on either side.

3.The case of the prosecution is that due to civil dispute, thepetitioners abused the de facto complainant, attacked him andthereby caused simple injury.

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 thatinvestigation is pending and the petitioners caused simple injury tothe de facto complainant.

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

6.Considering the facts and circumstances of the case and alsotaking note of the fact that the petitioners caused simple injury, I

am inclined to grant anticipatory bail to the petitioners.Accordingly, the petitioners are ordered to be released on bail inthe event of arrest or on his appearance, within a period of fifteendays from the date of receipt of a copy of this order, before thelearned Judicial Magistrate No.II, Trichy, on condition that thepetitioners shall execute a bond for a sum of Rs.10,000/- (Rupeesten thousand only) with two sureties each for a like sum to thesatisfaction 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 during investigation 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 MAGISTRATE NO.II, TRICHY.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY. TRICHY.

3. THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY CITY. K.K.NAGAR POLICE STATION, TRICHY CITY.

4. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.