Sitharthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12234 of 2015 1 SITHARTHAN 2 MASILAMANI 3 PRABHAKARAN 4 KALLIDOSS 5 VIMALRAJ 6 MAHALINGAM ..PETITIONERS/ACCUSED 1,2,4 to 7 Vs.

STATE REP.BY THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DT, CRIME NO.292/2015 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.I.SABEER MOHAMED 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 A1,A2, A4 to A7, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.292 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 29.06.2015, the petitioners criminally intimidated the de-facto complainant and threatened him and also abused him with filthy language. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that it is a case of case and counter.

4.The learned Government Advocate (Crl.side) would submit that the injured had discharged from the Government Hospital and https://hcservices.ecourts.gov.in/hcservices/ now he is taking treatment in a private Hospital.

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 learned Judicial Magistrate, Devakottai 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 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/- 02/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S.I.SABEER MOHAMED Advocate SR.No.35594 Akm/03.07.15 /2p-6c/ ORDER IN CRL OP(MD) No.12234 of 2015 Date :02/07/2015 https://hcservices.ecourts.gov.in/hcservices/