T. Mokkayan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10069 of 2015 1 T. MOKKAYAN 2 M. MUNIYAMMAL 3 K. PALANICHAMY @ GANESAN ... PETITIONER(S) / ACCUSED 1 to 3 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE T.VADIPATTI POLICE STATION, MADURAI DISTRICT. CRIME NO.184/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.K.GOPALAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 294(b), 323, 324, 353 and 506(ii) of IPC, in Crime No.184 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity with regard to land dispute, the accused attacked the de-facto complainant with lethal weapons, thereby caused injury and also threatened the de-facto complainant with dire consequences.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the de-facto complainant and his family members trespassed into the land of the petitioners and also abused them by using filthy language and in this regard, a case was registered in Crime No.182 of 2015 and as a counter blast, this case has been foisted against the petitioners. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that injured has been discharged from the hospital. 5.Considering the above facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vadipatti and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter, as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.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 stands dismissed. sd/- 08/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE T.VADIPATTI POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.T.K.GOPALAN Advocate SR.No.28563. TS/11.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.10069 of 2015 Date :08/06/2015 https://hcservices.ecourts.gov.in/hcservices/