CRL OP(MD)/17983/2017 of CHINNAMMAL, 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.17983 of 2017

1 CHINNAMMAL2 HARIHARAN... PETITIONERS/ACCUSED No.1&3

Vs

STATE REP. BY INSPECTOR OF POLICE, VATTATHIKKOTTAI POLICE STATION, VATTATHIKKOTTAI, THANJAVUR DISTRICT.

(CR.NO.180 OF 2017)... RESPONDENT/COMPLAINANT

For Petitioner : M/s.M.VIJI 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, 506(ii) and 427 of IPC in Crime No.180 of 2017 on thefile of the respondent police, seek anticipatory bail.

2. Heard the learned counsel on either side.

3. The case of the prosecution is that when the de factocomplainant was on her way to agricultural field, the petitionersalong with other accused have abused and assaulted with stick andthereby caused 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 that theinjured discharged from the hospital and charge sheet has not beenfiled 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 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, Pattukkottai 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 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

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

TO

1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI

2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT3 THE INSPECTOR OF POLICE,VATTATHIKKOTTAI POLICE STATION, VATTATHIKKOTTAI, THANJAVUR DISTRICT.

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

+1. CC to M/S.M.VIJI Advocate SR.No.37086

ORDER IN

https://hcservices.ecourts.gov.in/hcservices/nbi/gnsSH/RR/SAR-3:02.01.2018:2p/6c SH/RR/SAR-3:02.01.2018:2p/6c