S.Jeyapal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11608 of 2015 1 S.JEYAPAL 2 J.MEGALA ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT.

CR. NO. 248 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.ANBARASU 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 the first and second accused in Crime No.248 of 2015 on the file of the respondent police apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 506(II) I.P.C and Section 4 of Tamilnadu Prohibition of Women Harassment Act and hence, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant was assaulted by the petitioners with stick.

3. The learned counsel for the petitioners submitted that it is a case of case and counter and the counter case was registered in Crime No. 247 of 2014 against the defacto complainant. The learned counsel further submitted that the petitioners are innocents and they have not committed any offence and they have been falsely implicated in this case. 4.The learned Government Advocate(Crl.side) appearing for the State submitted that it is the case of case and counter and injured person had already been discharged from the hospital.

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate,Tiruchendur, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that the first petitioner shall appear before the respondent police daily at 10.00 a.m until further orders and the second petitioner shall appear before the respondent police as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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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 stands dismissed. sd/- 01/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TUTICORIN.

3 THE INSPECTOR OF POLICE TIRUCHENDUR POLICE STATION, THOOTHUKUDI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.R.ANBARASU Advocate SR.No.35162

ORDER

IN CRL OP(MD) No.11608 of 2015 Date :01/07/2015 PA/PS/02.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/