Velu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.13108 of 2015 1 VELU 2 ALAGAPPAN 3 GANESAN 4 SINGARAM ... PETITIONERS/ACCUSED 1 TO 4 Vs THE STAE OF TAMILNADU REP.BY SUB INSPECTOR OF POLICE, KANDAVARAYANPATTI POLICE STATION, THIRUPATHUR TALUK, SIVAGANGAI DISTRICT, CRIME NO.72/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SUNDAR SRINIVASAN 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 to A4 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 294(b), 323, 448, 427 and 506(ii) of IPC, in Crime No.72 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to property dispute between the accused and the de-facto complainant, there was a wordy quarrel between them, in which the accused assaulted the de-facto complainant with hands and damaged the gate put up by 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.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, no one has sustained any injury.

5.Considering the facts and circumstances of the case and also considering the fact that in the alleged occurrence, no one has sustained any injury, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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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, Tiruppathur 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/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, TIRUPPATHUR.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI

3. THE SUB INSPECTOR OF POLICE KANDAVARAYANPATTI POLICE STATION, THIRUPATHUR TALUK, SIVAGANGAI DISTRICT.

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

SR : 21.07.2015 : 2P/5C

ORDER

IN CRL OP(MD) No.13108 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/