Madras High CourtCRL OP(MD)/13433/2015allowed

Mariya Innasi v. The Inspector Of Police

2015-07-16Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.13433 & 13432 of 2015 1 MARIYA INNASI 2 K. RAJ @ KONDU RAJA ... PETITIONERS/ACCUSED (RANK NOT KNOWN) IN BOTH PETITIONS Vs STATE REP.BY THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, KOODANKULAM, TIRUNELVELI DT, (CRIME NO.126/2015 IN CRL OP(MD)NO.13433/15 & CRIME NO.128/2015 IN CRL OP(MD)NO.13432/15) ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS For Petitioners : M/S.G.THALAIMUTHARASU Advocate in both petitions For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) in both petitions PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in Crl.O.P.No.

13432 of 2015, apprehending arrest at the hands of respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) I.P.C and Sections 3 and 4 of E.S. Act in Crime No.128 of 2015 on the file of the respondent police have moved a petition for anticipatory bail. The petitioners in Crl.O.P.No.13433 of 2015 apprehending arrest at the hands of respondent police for the alleged offences punishable under Sections 147, 148, 353, 294(b) and 506(ii) I.P.C and Section 3(1) of TNPPDL Act and Sections 3 and 4 of E.S. Act in Crime No.126 of 2015 on the file of the respondent police have moved a petition for anticipatory bail.

2.The case of the prosecution is that due to dispute in the marriage function, the accused persons unlawfully assembled themselves with country bombs and abused the defacto complainant and others with filthy language and they caused injuries by throwing the country bombs and also caused damages to the house.

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the defacto complainants.

4.The learned Government Advocate (Crl.Side) submits that the injured had already been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5.This Court has considered the submissions made by the learned counsel on either side and also perused the records. 6.Considering the submission of the learned Government Advocate (Crl.Side) that the injured had already been discharged from hospital, this Court is inclined to grant anticipatory bail to them. Accordingly, the petitioners in both petitions are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Valliyoor, and on each of them executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction to the learned Magistrate concerned and on further condition that on further condition that the petitioners shall stay at Tuticorin District and report before SIPCOT Police Station at 10.00 a.m until further orders. 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/- 16/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE OFFICER INCHARGE, SIPCOT POLICE STATION, TUTICORIN DISTRICT.

4 THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, KOODANKULAM, TIRUNELVELI DT.

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

+2. CCS to M/S.G.THALAIMUTHARASU Advocate SR.Nos.39202 & 39203

ORDER

IN CRL OP(MD) Nos.13433 & 13432 of 2015 Date :16/07/2015 PA/SJW/20.07.2015/2P/8C https://hcservices.ecourts.gov.in/hcservices/