D. Pageshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11729 of 2015 1 D.PAGESHWARAN 2 MATHIALAGAN 3 ANAND 4 RAHUL GANDHI ... PETITIONERS/ACCUSED 3-6 Vs STATE REP.BY THE INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.134 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.GOKUL 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 A3 and A6 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 294(b), 323 and 379 (NH) of IPC, in Crime No.134 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 20.06.2015, when the accused and the de-facto complainant went to Inathar Muneeswsaran Temple to offer goat to the deity, there was a wordy quarrel between them, in which the accused attacked the de-facto complainant and caused injury. 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 accused attacked the victim with stick and caused simple injury and after treatment, the injured has been https://hcservices.ecourts.gov.in/hcservices/ discharged from the hospital. He further submitted that A1 and A2 were

arrested and remanded to judicial custody and the petitioner is not having any bad antecedents.

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, Thiruvadanai 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 the petitioners 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 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/- 26/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THIRUVADANAI.

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

+1. CC to M/S.K.GOKUL Advocate SR.No.34137 ORDER IN CRL OP(MD) No.11729 of 2015 Date :26/06/2015 PA/PRV/29.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/