Madras High CourtCRL OP(MD)/11255/2015allowed

K.Selvakumar v. The Inspector Of Police

2015-06-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11255 of 2015 1 K.SELVAKUMAR 2 D.SIVA @ SIVAKUMAR 3 S.PREMA ... PETITIONERS / ACCUSED NO. 1 TO 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THENNILAI POLICE STATION, KARUR DIST, CR.NO.87/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.PERFECT LAW ASSOCIATES 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 A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323, 506(i) and 379(NP) of IPC, in Crime No.87 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is the husband of the 3rd petitioner/A3 and due to family dispute, the accused have attacked the de-facto complainant and caused facture on the left leg of the de-complainant. 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 first petitioner/A1 is the brother of the 3rd petitioner/A3 and the 2nd petitioner/A2 is the friend of A1 and the de-facto complainant had assaulted the 3rd petitioner on 27.05.2015 and she was admitted in Amaravathi Hospital at Karur and took treatment as inpatient for three days and after discharge, she lodged a complaint against the de-facto complainant on 29.05.20915 and thereafter, again on 14.06.

2015, she was assaulted by the de-facto complainant, for which, a case stands registered in Crime No.88 of 2015. It is further submitted that the de-facto complainant is having illicit intimacy with another lady and when this was questioned, the petitioners were falsely implicated in this case. https://hcservices.ecourts.gov.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has sustained facture injury and he is still taking treatment in the hospital. 5.However, considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 No.II, Karur 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 1 and 2 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 and the 3rd petitioner shall appear before the respondent police 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/- 22/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,KARUR.

2.THE CHIEF JUDICIAL MAGISTRATE KARUR.

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

4.THE INSPECTOR OF POLICE THENNILAI POLICE STATION, KARUR DIST +1. CC to M/S.PERFECT LAW ASSOCIATES Advocate SR.No.32985

ORDER

IN CRL OP(MD) No.11255 of 2015 Date :22/06/2015 RG.24.06.2015 2P/6C.

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