V. Vijyamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14178 of 2018 1 V. VIJYAMOORTHY 2 R. VELLAISAMY 3 V. DHANAPAL 4 V. VASANTHAKUMARI ... PETITIONERS / ACCUSED NO.1,2,3,AND 4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KOVILPATTI POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO. 351 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mrs.S.MALAIKANI Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor. PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 342, 294(b), 307 and 506(ii) I.P.C. in Crime No.351 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant's mother running a TVS Showroom. The petitioners had purchased a two wheeler on payment of certain amount. At the time of collecting the remaining amount, there was a dispute between them. Due to that, the petitioners threatened the defacto complainant and assaulted him. Thereby, the defacto complainant sustained injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. They did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital. However, the first petitioner is having three previous https://hcservices.ecourts.gov.in/hcservices/

cases. The second petitioner is having two previous cases. The third petitioner is having three previous cases and the fourth petitioner is having two previous cases.

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Kovilpatti on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily morning at 10.30 a.m and evening at 5.30 p.m. until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 11/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO THE JUDICIAL MAGISTRATE NO-II, KOVILPATTI.

THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE, KOVILPATTI POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to Mrs.S.MALAIKANI Advocate SR.No.15377 PS.MMS/SAR-4:16/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.14178 of 2018 Date :11/08/2018 https://hcservices.ecourts.gov.in/hcservices/