Johy Wastin v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13934 of 2015 1 JOHY WASTIN 2 AJIN ... PETITIONER(S) / ACCUSED 1 and 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE, POOTHAPANDI POLICE STATION, KANYAKUMARI DT, CRIME NO.250/2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.T.A.EBENEZER 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 and A2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 342, 323 and 506(i) of IPC, in Crime No.

250 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, on 07.07.2015 there was a wordy quarrel between the accused and the de-facto complainant, 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.

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.

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, Poothapandi 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 https://hcservices.ecourts.gov.in/hcservices/

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/- 23/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE POOTHAPANDI 2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, POOTHAPANDI POLICE STATION, KANYAKUMARI DT,

1. CC to M/S.T.A.EBENEZER Advocate SR.No.40928 DM 27 7 15- 2P 6C

ORDER

IN CRL OP(MD) No.13934 of 2015 Date :23/07/2015 https://hcservices.ecourts.gov.in/hcservices/