Thangaraj v. The 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.16422 of 2015 1 THANGARAJ 2 MUTHUMARI 3 JEEVA ... PETITIONERS / ACCUSED 3,4 &5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUCHULLI POLICE STATION VIRUDHUNAGAR DISTRICT (CRIME NO 149/15) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S A.BASKARAN Advocate For Respondent : MRS.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 A3 to A5 apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 302 and 120(B) of IPC, in Crime No.

149 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 25.06.2015 at about 1.30 p.m, the accused attacked the deceased with aruvalmanai and killed him. 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 A1 is the father in-law and A2 is the wife of the deceased and ten days prior to the occurrence, there is a wordy altercation arose between A2 and the deceased and due to which, she left from the matrimonial home and she was residing in her sister's house. While so, on 25.06.2015, the deceased came in an inebriated mood with an aruval and attacked A1 and caused 7 injuries to him.

The learned Counsel further submitted that A1 was originally admitted in the Government hospital, Aruppukottai and due to the serious injuries sustained by him, he was referred to the Government Rajaji Hospital, Madurai, where he was arrested on 01.07.2015. The learned counsel for the petitioner has also produced the Accident Register, which shows that A1 sustained 7 injuries. It is further submitted that A1 and A2 were enlarged on bail by this court in Crl.O.P. (MD)No.15335 and 15653 of 2015.

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4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

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, Aruppukottai 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, ARUPPUKOTTAI, 2 THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT 3 THE INSPECTOR OF POLICE,THIRUCHULLI POLICE STATION VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S A.BASKARAN Advocate SR.No. 50706

ORDER

IN CRL OP(MD) No.16422 of 2015 Date :31/08/2015 2P/6C AM/GSV.PM/SAR-I/04.09.2015.

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