CRL OP(MD)/17808/2017 of MANTHIRAVEL, 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.17808 of 2017

1 MANTHIRAVEL2 KALAISELVI ... PETITIONERS/ACCUSED 3 and 4

Vs

STATE REP. BY ITSTHE INSPECTOR OF POLICE THIRUCHULI POLICE STATION,VIRUDHUNAGAR DISTRICT,CRIME NO.375 OF 2017... RESPONDENT/COMPLAINANT

For Petitioner : Mr.S.J.CHAKKARAVARTHY 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 offences punishable underSections, 294(b), 324, 323, 506(ii) I.P.C., r/w Section 4 of TamilNadu Prohibition Harassment Women Act 2002, in Crime No.375 of 2017on 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 on 15.12.2017, due to theprevious enmity, the petitioners attacked the defacto complainantwith stick and abused her using filthy language and also criminallyintimidated her and her family members. Due to the impact, thedefacto complainant sustained injuries. Based on the complaint, casewas registered for the above said offences.

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 discharged from the hospital and investigation is going on.He further submitted that it is a case of case and case in counter.

6. Considering the facts and circumstances of the case, I aminclined to grant anticipatory bail to the petitioners. Accordingly,thtitidd tbldb il ithtf the date of receipt of a copy of this order, before the learnedJudicial Magistrate, Aruppukkottai, Virudhunagar District, oncondition that each 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 a.m. for a period of two weeks and thereafter, as andwhen required for interrogation; [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 MAGISTRATEARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT

2 -do- thro' THE CHIEF JUDICIAL MAGISTRATEVIRUDUNAGAR DISTRICT

3 THE INSPECTOR OF POLICE

THIRUCHULI POLICE STATION,VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.37095

ORDER IN

Date :28/12/2017