P. Ponsekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11959 of 2015 1 P. PONSEKAR 2 T. VELMURUGAN 3 DEEPAM ... PETITIONER(S) / ACCUSED 1 - 3 Vs STATE REP BY::THE INSPECTOR OF POLICE PALAVOOR POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.181 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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 and A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 and 506(ii) of I.P.C. in Crime No.181 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 de-facto complainant and the petitioners, they attacked the de-facto complainant and also threatened him with dire consequences.

3.The learned counsel for the petitioners submitted that the de-facto complainant and the petitioners are neighbours. He further submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) would submit that it is a case of case and counter and due to previous enmity, the petitioners attacked the de-facto complainant. 5.Considering facts and circumstances of the case, 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 https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate, Valliyur 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 shall appear before the respondent police daily at 10.00 a.m. for 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/- 30/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE VALLIYUR 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 2 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE PALAVOOR POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.34777 DM 1 JULY 15 1P 6C ORDER IN CRL OP(MD) No.11959 of 2015 Date :30/06/2015 https://hcservices.ecourts.gov.in/hcservices/