Madras High CourtCRL OP(MD)/11741/2015disposed of

Satheesh @ Kakkaiyan v. The Inspector Of Police

2015-07-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11741 of 2015 1 SATHEESH @ KAKKAIYAN 2 CHITHIRAISELVI ... PETITIONERS/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE MATHUR POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

CRIME NO. NOT KNOWN OF 2015. ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.G.MATHAVAN 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 506(ii) of the Indian Penal Code in Crime No.83 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant and the accused abused with filthy language and threatened with dire consequences.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl.Side) submitted that the second accused name is Tamilselvi and the second petitioner herein is not arrayed as an accused in this case.

5. Since the second petitioner herein is not arrayed as an accused in this case, the petition is dismissed as against the second petitioner.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the first petitioner, with certain conditions.

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7. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Keeranur, Pudukkottai District and on 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 first petitioner 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 first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

8. The first petitioner 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/- 09/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI.

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

4 THE INSPECTOR OF POLICE MATHUR POLICE STATION, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.

+1. CC to M/S.G.MATHAVAN Advocate SR.No.37955 akm/13.07.15 /2p-6c/

ORDER

IN CRL OP(MD) No.11741 of 2015 Date :09/07/2015 https://hcservices.ecourts.gov.in/hcservices/