Madras High CourtCRL OP(MD)/12294/2015dismissed

Anish v. The Inspector Of Police

2015-07-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12294 of 2015 1 ANISH 2 RAJAN @ RAJAKUMAR 3 SURESH ... PETITIONERS/ACCUSED 1 -3 Vs STATE REP.BY THE INSPECTOR OF POLICE MANAVALAKURICHI POLICE STATION, KANYAKUMARAI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR 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 1 to 3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(i) of I.P.C. in Crime Number 184 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 18.05.2015, the defacto complainant has preferred a complaint to the respondent Police stating that the first petitioner, having availed a vehicle loan from the Finance Company, failed to repay the same. When the complainant approached the first petitioner, there was a quarrel between them, in which, all the petitioners abused the defacto complainant by using filthy language and also kicked him by their legs.

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

4.It is submitted by the learned Government Advocate (Crl.side) that simple injury has been caused by the petitioners and the injured https://hcservices.ecourts.gov.in/hcservices/ has been discharged from the hospital.

5. Considering the submissions made by the learned Government Advocate (Crl.side) and also considering the fact that 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, Boothapandi and on each 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 as and when required. 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/- 03/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BOOTHAPANDI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE MANAVALAKURICHI POLICE STATION, KANYAKUMARAI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.36265

ORDER

IN CRL OP(MD) No.12294 of 2015 Date :03/07/2015 PA/SJW/07.07.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/