Subburam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10927 of 2015 1 SUBBURAM 2 ASHOK @ ASHOK BALAJI 3 JEGANBALAJI 4 ASHOK VELUCHAMY 5 JEYARAM 6 SENTHIL @ SENTHILKUMAR 7 VIGNESHWARAN 8 PAVITHRAM ... PETITIONERS/ ACCUSED NO.1 TO 8 Vs THE STATE REP.BY] THE INSPECTOR OF POLICE ARUPPUKKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR. NO. 153/2015.

... RESPONDENT / COMPLAINANT For Petitioner :

MR.S.J.CHAKKARAVARTHY, FOR M/S.EDDY AND EMBOSS LAW FIRM Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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 accused Nos.1 to 8 in Crime No.153 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(i) of I.P.C. and Section 3 of PPDL Act and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the accused had attacked the defacto complainant party and also threatened them with dire consequences.

3.The learned counsel for the petitioner submitted that the first petitioner's wife is running a Mineral Water business and the defacto complainant is also running the same business and due to business rivalry the petitioners have been falsely implicated in this case. He would further submit that the injured have already discharged from the hospital and the petitioners are the real victims in this case.

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4.It is submitted by the learned Government Advocate (Crl.Side) that a case in Crime No.154 of 2015 is registered against the defacto complainant's party under Section 307 IPC. He would further submit that the injured are still in hospital. However, the learned counsel for the petitioner produced discharge summary issued by the Government hospital, Aruppukkottai.

5.Considering the facts and circumstances of the case and also considering the fact that the defacto complainant sustained only simple injury, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Aruppukkotai, Virudhunagar District 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 petitioner shall appear before the respondent police daily at 6.00 p.m. for a period of one week and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner 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/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ARUPPUKKOTAI, VIRUDHUNAGAR DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE ARUPPUKKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.EDDY AND EMBOSS LAW FIRM Advocate SR.No.31552

ORDER

IN CRL OP(MD) No.10927 of 2015 Date :17/06/2015 rg.19.06.2015 2p.6c.

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