← Library
Madras High CourtCRL OP(MD)/13259/2015allowed

N. Subramaniyan v. The Inspector Of Police

2015-07-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13259 of 2015 1 N. SUBRAMANIYAN 2 N. RAVI @ RAVICHANDRAN 3 S.KUMAR @ SENTHILKUMAR ... PETITIONER(S) / ACCUSED 1 - 3 Vs AROKIYASAMY ..INTERVENOR STATE REP BY:: THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION,DEVAKOTTAI, SIVAGANGAI DISTRICT, CRIME NO.342 OF 2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.B.MURUGANANDAM Advocate For Intervenor : MR. N. ANANDHAKUMAR,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 to A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 355 and 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.342 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The learned counsel for the petitioners submitted that it is a case of case and counter and the fourth accused was already arrested and released on bail by the Judicial Magistrate Court, Thevakottai in Cr.M.P.No.2459 of 2015.

3.The learned counsel for the intervenor vehemently opposed this petition stating that the petitioners are the main accused in this case and the de-facto complainant was brutally attacked by the petitioners due to political motive. However, the learned counsel for the petitioners submitted that at the time of disbursing of free articles, a wordy quarrel arose between the accused and the de-facto complainant and thereafter, he fell down from the bike and sustained injuries. The learned counsel further submitted that the petitioners are falsely https://hcservices.ecourts.gov.in/hcservices/

implicated in this case due to political animosity.

4. Heard the learned Government Advocate (Crl.side) appearing for the State.

5. Considering the 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 period of one week. 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/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE DEVAKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE DEVAKOTTAI TOWN POLICE STATION,DEVAKOTTAI, SIVAGANGAI DISTRICT

1. CC to M/S.B.MURUGANANDAM Advocate SR.No.40303 1CC TO MR. N. ANANDHAKUMAR ADV SR: 40773 DM 24 7 15 - 2P 7C ORDER IN CRL OP(MD) No.13259 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/