Muthu Samy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.11609 of 2015 1 MUTHU SAMY 2 NEELAVATHY 3 BALRAJ ... PETITIONERS/ACCUSED NO.NOT KNOWN Vs THE INSPECTOR OF POLICE SIRUGANOOR POLICE STATION, TRICHY DISTRICT.

CR. NO. 262 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.MOHAN 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 accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323 and 324, and 506(ii) of IPC, in Crime No.262 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 between the accused and the de-facto complainant, there was a wordy quarrel, in which the accused attacked the de-facto complainant 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.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured has been discharged from the hospital. It is further submitted that the 2nd petitioner is not an accused in this case.

5.Considering the 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 1 and 3 with certain conditions. In view of the submission made by the learned Government Advocate (Criminal side) that the 2nd petitioner is not an accused in this case, this petition is dismissed against her, as there is no apprehension of arrest. https://hcservices.ecourts.gov.in/hcservices/

6.Accordingly, the petitioners 1 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Lalgudi 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 3 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 1 and 3 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 1 and 3 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/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, LALGUDI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE SIRUGANOOR POLICE STATION, TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

SR : 21.07.2015 : 2P/5C

ORDER

IN CRL OP(MD) No.11609 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/