R. Paulpandi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13069 of 2015 1 R. PAULPANDI 2 P. ALAGULAKSHMI 3 P. VINOTH KUMAR ... PETITIONERS / ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE NAGAMALAIPUDUKOTTAI POLICE STATION, MADURAI DISTRICT, IN CR.NO.311 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JEYARAM 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 accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323 and 506(i) of IPC and section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.311 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 family members of the de-facto complainant and the accused, there was a wordy altercation between them, in which, the accused assaulted the de-facto complainant and also threatened the de-facto complainant with dire consequences.

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. It is further submitted that this is a case of case and counter and the petitioners gave a complaint against the de-facto complainant and his family members and in this regard, a case stands registered in Crime No.310 of 2015 and as a counter blast, this case has been foisted against the petitioners.

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4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, the injured has sustained only simple injury and after taking treatment, the injured has been discharged from the hospital. 5.Considering the above 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 No.6, Madurai 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 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/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.6,MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE MADURAI.

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

4.THE SUB INSPECTOR OF POLICE NAGAMALAIPUDUKOTTAI POLICE STATION, MADURAI DISTRICT. +1. CC to M/S.A.JEYARAM Advocate SR.No.40079

ORDER

IN CRL OP(MD) No.13069 of 2015 Date :21/07/2015 RG.23.07.2015 2P.6C.

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