Madras High CourtCRL OP(MD)/11534/2015allowed

Jeno, v. The Inspector Of Police

2015-07-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11534 of 2015 1 JENO 2 SUDHAKARAN 3 SARAVANAN 4 PRAKASH @ SURESH 5 SENTHIL 6 ABDUL 7 BALAKRISHNAN 8 MANIKANDAN 9 MUTHURAJ ... PETITIONERS/ACCUSED 1 to 6,9,12 & 13 Vs STATE REP.BY THE INSPECTOR OF POLICE TISAIYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.173 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.VENKAESH Advocate For Respondent : MR.K.V.RAJARAJAN, 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 A6, A9, A12 and A13 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 341,342, 367, 324, 307 and 506(ii) of IPC, in Crime No.173 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 16.06.2015, when the defacto complainant had torn the wall paper affixed in the street, where he is residing, there was a wordy quarrel between the accused and the de-facto complainant and due to which, the accused attacked him with lethal weapons 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.

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4. The learned Government Advocate(Criminal Side) appearing for the respondent submitted that the 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.

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, Nanguneri 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 twice i.e., at 10.00 a.m. and 05.00 p.m. until further orders. 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/- 02/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,NANGUNERI.

DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE TISAIYANVILAI POLICE STATION, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.D.VENKAESH Advocate SR.No.36057 ORDER IN CRL OP(MD) No.11534 of 2015 Date :02/07/2015 PA/SJW/06.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/