Manthiravel, v. The Inspector Of Police
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 MANTHIRAVEL 2 KALAISELVI ... PETITIONERS/ACCUSED 3 and 4 Vs STATE REP. BY ITS THE 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 the respondent police for the alleged offences punishable under Sections, 294(b), 324, 323, 506(ii) I.P.C., r/w Section 4 of Tamil Nadu Prohibition Harassment Women Act 2002, in Crime No.375 of 2017 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 on 15.12.2017, due to the previous enmity, the petitioners attacked the defacto complainant with stick and abused her using filthy language and also criminally intimidated her and her family members. Due to the impact, the defacto complainant sustained injuries. Based on the complaint, case was registered for the above said offences.
4.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and prays for anticipatory bail in favour of the petitioners.
https://hcservices.ecourts.gov.in/hcservices/ 5.The learned Government Advocate (Crl.side) submitted that the injured 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 am inclined to grant anticipatory bail to the petitioners. Accordingly, th titi d d t b l d b il i th t f
the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aruppukkottai, Virudhunagar District, on condition that each petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that; [a] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation;
[b] the petitioners shall not tamper with evidence or witness either 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 learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the 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.
TO 1 THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE VIRUDUNAGAR 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 https://hcservices.ecourts.gov.in/hcservices/ ORDER IN CRL OP(MD) No.17808 of 2017 Date :28/12/2017 msa/pjl SH/PN/SAR-4:29.12.2017:2p/6c