Bharathi 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.14002 of 2015 1 BHARATHI 2 PRABHAKARAN ... PETITIONERS/ACCUSED NOS.1 & 3 Vs STATE REP. BY THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.141/2015 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.EDDY EMBOSS LAW FIRM 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 and A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323, 506(i) of IPC r/w section 4 of TNPWH Act, in Crime No.141 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 05.07.2015, there was a wordy quarrel 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. The learned counsel further submitted that A2 was released on bail by the Judicial Magistrate, Kamuthi in Crl.M.P.No.1734 of 2015, dated 15.07.2015.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in the alleged occurrence, injured has sustained simple injury.

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

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

TO

1. THE JUDICIAL MAGISTRATE, KAMUTHI.

2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3. THE INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.EDDY EMBOSS LAW FIRM Advocate SR.No.40751.

ORDER

IN CRL OP(MD) No.14002 of 2015 Date :23/07/2015 2P/6C RPB/KBM/SAR-II 29.07.2015 https://hcservices.ecourts.gov.in/hcservices/