Rajamani v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16328 of 2015 1 RAJAMANI 2 PALANICHAMY 3 KAMESHWARI@ RAMESHWARI ... PETITIONERS/A1 TO A3 Vs THE STATE THROUGH INSPECTOR OF POLICE MEELAVALAVU POLICE STATION MELUR TALUK MADURAI DISTRICT (IN CRIME NO 167/2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MAHALINGAM Advocate For Respondent : MRS.S.PRABHA, Governement Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. The petitioners, who are arrayed as A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 323 and 506(i) of IPC, in Crime No.

167 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 between the accused and the de-facto complainant, on 20.04.2015 the accused abused the de-facto complainant with filthy language and attacked him with wooden stick 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 the first petitioner and the de-facto complainant is the son of the 2nd petitioner and the 3rd petitioner is the wife of the first petitioner and due to civil dispute between them, this false complaint has been given with an ulterior motive.

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 above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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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 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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE MELUR.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, MDURAI DISTRICT. 3 INSPECTOR OF POLICE,MEELAVALAVU POLICE STATION, MELUR TALUK MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.AKILAN Advocate SR.No.50207

ORDER

IN CRL OP(MD) No.16328 of 2015 Date :31/08/2015 CSL/AN-MP/SAR-II/03.09.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/