Madras High CourtCRL OP(MD)/15111/2015allowed

Gopinath v. The State Reb By Inspector Of

2015-08-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15111 of 2015 1 GOPINATH 2 PREMNATH ... PETITIONERS/ACCUSED No. 1 & 2 Vs THE STATE REB BY INSPECTOR OF THOTIYAM POLICE STATION, TRICHY DISTRICT (CRIME NO.207 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.GNADHI Advocate For Respondent : S.PRABHA 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 A2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 307,324,448 and 506(ii) I.P.C. in Crime No.207 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 01.07.2015 the petitioners and their family members said to have trespassed into the de-facto complainant's house with aruval and wooden log and abused her son with filthy language. Further, the first petitioner attacked his son with aruval on his neck and the second petitioner attacked her husband on his head and his hands. Hence, the case has been registered against the petitioners.

3. The learned Counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution. The petitioners neither present in the scene of occurrence nor participated in the occurrence. Due to previous enmity the case has been registered against the petitioners.

4. It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital.

5. Considering the submission made by the learned Government Advocate (Crl.Side) and also considering the fact that the injured person had already been discharged from the hospital, 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 their arrest or on their appearance before the learned Judicial Magistrate, Musiri, and 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 https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioners shall appear before the respondent police daily 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/- 05/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MUSIRI 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE STATE REB BY INSPECTOR OF THOTIYAM POLICE STATION, TRICHY DISTRICT.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.GNADHI Advocate SR.No.44551 ORDER IN CRL OP(MD) No.15111 of 2015 Date :05/08/2015 JAM/AMF/SAR-I/11.8.15/2P-6C https://hcservices.ecourts.gov.in/hcservices/