Madras High CourtCRL OP(MD)/13627/2015ordered

Balasubramanian v. The Inspector Of Police

2015-07-21Honourable Mr Justice K. Kalyanasundaram2 pages

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.13627 of 2015 1 BALASUBRAMANIAN 2 SATHYAVAN 3 SAVITHRI 4 ANAND 5 SIVARAMAKRISHNAN ..PETITIONERS/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE MELAVALAVU POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 40 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.T.R.JEYAPALAM 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 A5 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 147, 148, 447, 294(b), 427, 323 and 506(ii) of IPC, in Crime No.40 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to civil dispute, there was a wordy altercation between the de-facto complainant and the accused, in which the accused attacked 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. He further submitted that the first petitioner filed a suit in O.S.No.5 of 2012 against the defacto complainant and others and enraged by the same, in order to give a criminal colour for the civil dispute, this case has been foisted against the petitioners.

4.The learned Government Advocate (Criminal side) appearing for https://hcservices.ecourts.gov.in/hcservices/ the respondent submitted that 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, Melur 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 1 to 3 shall appear before the respondent police as and when required for interrogation and the petitioners 4 and 5 shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter, 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 TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE MELAVALAVU POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S.T.R.JEYAPALAM Advocate SR.No.40316 akm/23.07.15 /2p-6c/ ORDER IN CRL OP(MD) No.13627 of 2015 Date :21/07/2015 https://hcservices.ecourts.gov.in/hcservices/